ยง 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.
Structure New York Laws
Article 11 - Miscellaneous Provisions
301 - Jury to Determine Necessity and Assess Damages.
302 - Copy Application and Notice Delivered to Applicant.
303 - Copy and Notice to Be Served.
304 - List of Jurors, and Drawing Jurors.
305 - Delivery, Execution and Return of Venire.
306 - Jury to Determine and Assess Damages; Fees of Justice of Peace and Constable.
308 - Value of Highway Discontinued.
309 - Papers to Be Recorded in the Town Clerk's Office.
310 - Damages to Be Paid Before Opening the Road.
312 - Motion to Confirm, Vacate or Modify.
314 - For What Purpose Private Road May Be Used.
315-A - Improvement Corporations; Right of Acquisition.
316 - Entitled to Free Use of Highways.
317 - Drug Free School Zone Signs.
319 - Obstructions and Their Removal.
322 - Trees, Removal From Highway Bounds.
323 - Injuring Fruit or Shade Trees.
324 - Penalty for Falling Trees.
325 - Fallen Trees to Be Removed.
326 - Penalties, How Recovered.
327 - Lighting Roads, Highways and Bridges.
328 - Lighting of Public Highways or Bridges.
330 - Ramps in Street Curbing.