Opinion
November 22, 1961
Present — Bergan, P.J., Coon, Gibson, Herlihy and Taylor, JJ.
Appeal from an order of the Supreme Court at Special Term, Madison County, granting a motion by respondents to dismiss, on the ground of legal insufficiency, the petition in a proceeding under article 78 of the Civil Practice Act to review and annul a determination of the Superintendent of Highways of the Town of Eaton to discontinue, as useless, a portion of a town highway known as Smith Road. Order unanimously affirmed on the opinion of Mr. Justice ZELLER at Special Term. ( 30 Misc.2d 650.)