To: 

New York State Department of Transportation (NYSDOT) -Region 8

Julianne Fuda, P.E., Regional Director, NYSDOT Region 8

The Honorable Marie Therese Dominguez, Commissioner, NYSDOT (Statewide)

The Honorable Paula Elaine Kay, NYS Assembly, 100th Assembly District 

The Honorable Kathy Hochul, Governor of the State of New York

The Honorable James Skoufis, New York State Senate (42ND Senate District)

cc: 

     The Honorable Steven M. Neuhaus, Orange County Executive

     The Honorable Joseph M. DeStefano, Mayor, City of Middletown 

     The Honorable Louis J. Ingrassia Jr., Town of Wallkill Commissioner of Public Works 

     The Honorable Paul Rickard, Supervisor, Town of Mount Hope (NY)

     The Honorable Brian Carey,  Mayor, Village of Otisville (NY)

Route 211 westbound between Middletown, NY and Otisville, NY has deteriorated into a dangerous and defective roadway that poses a clear and ongoing risk to public safety. The road is marked by potholes, failing pavement, uneven surfaces, and inadequate patchwork repairs that have created hazardous driving conditions. 

Motorists are routinely forced to take evasive actions-such as swerving into opposing traffic, driving on the shoulder, or making sudden maneuvers - to avoid severe vehicle damage. These conditions significantly increase the likelihood of collisions, loss of control, and serious injury. 

Prior repair efforts appear insufficient and, in some cases, have contributed to uneven and unsafe roadway surfaces. As a heavily traveled corridor for residents, commuters, and emergency travel, Route 211 is critical infrastructure that is currently failing to meet safety standards. 

The current reporting and reimbursement process for roadway damage is impractical and unsafe. It is unreasonable to expect drivers to identify specific roadway defects while navigating hazardous conditions, or to return to an active roadway on foot to document damage - particularly when traffic patters are already dangerous due to drives attempting to avoid road defects. 

Under New York law, governmental entities may be held liable when they have prior written notice - or constructive notice - of dangerous roadway conditions and fail to act within a reasonable timeframe. Given the widespread complaints, visible deterioration, and ineffective prior repairs, there is a strong basis to conclude that responsible agencies are aware, or should be aware, of these hazardous conditions. 

The risks associated with Route 211 are immediate, foreseeable, and entirely preventable. Without prompt and comprehensive repairs, this roadway will continue to endanger the public and expose motorists to unnecessary harm. 

Immediate inspection, proper repair, and meaningful corrective action are urgently required to restore safety and prevent further damage, injury, or loss of life.