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Although New York courts have long-recognized that "an easement created by grant may be extinguished by adverse possession" (<i>See Harlem Commonwealth Council, Inc. v. Thomas Memorial Wesleyan Methodist Church</i>, 10 A.D.3d 572 (1st Dep't 2004); <i>Spiegel v. Ferraro</i>, 73 N.Y.2d 622, 625 (1989); <i>Gerbig v. Zumpano</i>, 7 N.Y.2d 327 (1960)), a different rule has been applied to "unopened" easements -- <i>ie</i>, easements that have been created by grant but have remained unused. Generally, a possession will not be deemed adverse to an unopened easement or right of way until three conditions have been satisfied. These conditions are: 1) the need by the easement holder for the right of way has arisen; 2) a demand has been made by the easement holder that the right of way be opened; and 3) the servient tenant (property owner) has refused the demand. <i>Castle Associates v. Schwartz</i>, 63 A.D.2d 481 (2d Dep't 1978).

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In April 2004, President Bush called for development of a nationwide electronic health records system that would include most Americans' health data within 10 years. He took some steps then to get the ball rolling, but funding for the program was cut in November as part of a plan to balance the federal budget. However, in the first months of 2005, Bush renewed his push for reforms, which he asserts will cut health care costs and reduce medical errors.