NYCL AGO 95-3.

• Case Date: January 30, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-3. January 30, 1995Informal Opinion No. 95-3Frederick H. Monroe, Esq. Town Attorney Town of Minerva P. O. Box 465 Chestertown, NY 12817-0465HIGHWAY LAW § 2 05-a.The town highway superintendent is unauthorized to designate a town road as a seasonal limited use highway if, as a factual matter, at least one occupied residence or commercial building depends upon the highway for access.Dear Mr. Monroe: You have asked that we interpret section 205-a of the Highway Law which provides for designation of seasonal limited use highways. You inquire whether under certain circumstances, the town is obligated under section 205-a to remove snow and ice from a highway. Under section 205-a, a town highway superintendent is authorized annually to designate on or before the first day of November a town highway as a seasonal limited use highway. They are defined as town highways "without occupied residences or commercial buildings dependent upon such highways for access". The town may discontinue snow and ice removal and maintenance of seasonal limited use highways from the first day of December until the first day of April. You have indicated that several residences on the highway in question are occupied. One family believes that the town is obligated to remove snow and ice and maintain the road during the winter months while other residents would prefer that the...