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IN THE MATTER OF MADONNA v. TOWN OF RIVERHEAD

23 A.D.3d 388 (2005)

806 N.Y.S.2d 75

In the Matter of BRUCE MADONNA et al., Appellants, v. TOWN OF RIVERHEAD et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 7, 2005.

Ordered that the order and judgment is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings, inter alia, pursuant to CPLR 7804 (h).

The petitioners own neighboring parcels of land in the Town of Riverhead. Part of the subject road, Centre Street, cuts between the petitioners' parcels. Both petitioners claim that their respective property lines extend...

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