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New York · Through 2026-09-11

N.Y. Highway Law § 312: Motion to confirm, vacate or modify

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Where this section sits in the code
  1. Highway Law
  2. Article 11. Miscellaneous Provisions

§ 312. Motion to confirm, vacate or modify. Within thirty days after

the decision of the jury shall have been filed in the town clerk's

office, the owner, occupant or applicant may apply to the county court

wherein such private road is situated, for an order confirming, vacating

or modifying their decision; and such court may confirm, vacate or

modify such decision as it shall deem just and legal. If the decision is

vacated, the court may order another hearing of the matter before

another jury, and remit the proceedings to the town superintendent of

the same town for that purpose. If no such motion is made, the decision

of the jury shall be deemed final. The motion shall be brought on, upon

the service of papers on the adverse party in the proceeding, according

to the usual practice of the court in actions and special proceedings

pending therein, and the decision of the county court shall be final,

except that a new hearing may be had, as herein provided. If the final

decision shall be adverse to the applicant, no other application for the

same road shall be made within one year.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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