MARTINSBURG — An appellate court on Friday upheld a judge's ruling that the town of Martinsburg does not have to plow and maintain a stretch of road to a Tug Hill residence.

The Appellate Division of the state Supreme Court in Rochester affirmed an October 2007 decision by Supreme Court Judge Joseph D. McGuire dismissing a claim by E. Frank and Debra Kogut.

The Koguts sought court action to force the town to plow and maintain a stretch of Freeman Road to their home, initially built in 1999 as a seasonal residence. However, Judge McGuire ruled that they failed to prove Freeman Road was ever established as a town road.

To comply with the request, the town would have to bring about 3 miles of seasonal-use roads up to regular road standards, costing a significant amount of money, officials have said.