Siwula v. Town of Hornellsville
Opinion of the Court
Appeal from an order of the Supreme Court, Steuben County (Joseph W Latham, A.J.), entered December 18, 2006. The order denied the application of plaintiff to compel defendants to empanel a jury to consider his application to lay out a private road.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the application is converted to a CPLR article 78 petition in the nature of mandamus, the petition is granted in part and respondent Superintendent of Highways of the Town of Hornellsville is directed to comply with Highway Law §§ 301, 302, 304, and 306 forthwith.
Memorandum: Plaintiff appeals from an order denying his application to compel defendants to empanel a jury to consider his application to lay out a private road. We note at the outset that
Case-law data current through December 31, 2025. Source: CourtListener bulk data.