Dufel v. State
Opinion of the Court
Appeal from an order of the Court of Claims (Corbett, Jr., J.), entered June 3, 1991, which denied claimants’ motion for an extension of time to file an appraisal.
We reject claimants’ contention that the Court of Claims abused its discretion in denying their request to extend the time to file an appraisal. Initially, we note that insofar as claimants’ request was not made until the time period for filing an appraisal had expired, they were required to show "unusual and substantial circumstances” to warrant the court’s exercise of its discretion in granting such a request (22 NYCRR 206.21 [g] [3]). This they failed to do. The filing date had already been extended twice, the first time at the State’s request and the second time by stipulation of both sides pursuant to 22 NYCRR 206.21 (g) (2). Although the last
In reaching this conclusion it should be pointed out that the purpose of the appraisal rule is to permit the free and liberal exchange of appraisals for the initial time period following the filing of the claim or within the extended time period, but to impose rigid standards thereafter (see, Laken Realty Corp. v State of New York, 37 AD2d 885). Furthermore, preclusion of an appraisal does not foreclose litigation of the valuation issue (see, e.g., Joremi Enters. v Abraitys, 61 AD2d 834; Fiesinger v State of New York, 88 Misc 2d 557, 560, n 1). Claimants’ remaining contentions have been considered and rejected for lack of merit.
Mikoll, J. P., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.