SIWULA, JOHN T. v. TOWN OF HORNELLSVILLE

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 10-01572 PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

JOHN T. SIWULA, PLAINTIFF-APPELLANT, V ORDER TOWN OF HORNELLSVILLE AND RAYMOND KRING, INDIVIDUALLY AND AS SUPERINTENDENT OF HIGHWAYS OF TOWN OF HORNELLSVILLE, DEFENDANTS-RESPONDENTS. ---------------------------------------- DANIEL T. STUTZMAN, RESPONDENT.

JOHN T. SIWULA, PLAINTIFF-APPELLANT PRO SE.

SHULTS AND SHULTS, HORNELL (DAVID A. SHULTS OF COUNSEL), FOR RESPONDENT.

PATRICK F. MCALLISTER, TOWN ATTORNEY, WAYLAND, FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Steuben County Court (Peter C.

Bradstreet, J.), entered November 25, 2009. The order granted the application of Daniel T. Stutzman, pursuant to Highway Law § 312, to confirm the jury’s determination that a private road across his property was not necessary.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: March 25, 2011 Patricia L. Morgan Clerk of the Court