SIWULA, JOHN T. v. TOWN OF HORNELLSVILLE ( 2011 )

SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
337
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.
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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