DAILEY, INC. v STATE OF NY [188 Misc 2d 303] 303
[728 NYS2d 349]
William E. Dailey, Inc., Claimant, v State of New York, De-
fendant. (Claim No. 99041.)
Court of Claims, May 15, 2001
HEADNOTES
Eminent Domain — Appraisal Reports — Timeliness of Amend-
ments or Supplements
1. In an appropriation claim in the Court of Claims in which both parties
led appraisals and reports on September 15, 2000, the State's amended ap-
praisal report and its expert's supplemental geological report are deemed to
be timely led on Monday, November 20, 2000, where the two-month ling
deadline for amended or supplemental appraisals and reports following the
September 18, 2000 exchange of appraisals and reports (22 NYCRR 206.21
[e]) fell on Saturday, November 18, 2000, thereby extending the ling
deadline to Monday, the next business day, by operation of General Construc-
tion Law § 25-a. Furthermore, the supplemental geological report is not a
rebuttal report subject to a one-month ling requirement pursuant to the
Uniform Rules for the Court of Claims (see, 22 NYCRR 206.21 [f]), but rather
is in the nature of an amended or supplemental report required to be led
within two months following the exchange of documents.
Eminent Domain — Appraisal Reports — Amendments or Supple-
ments — Inclusion of Comparable Sales Contained in Claimant's
Appraisal in State's Amended Appraisal Report
2. In an appropriation claim in the Court of Claims, the inclusion in the
State's amended appraisal report of three of the four comparable sales
contained in claimant's appraisal is not violative of the rule governing amend-
ments and supplements (22 NYCRR 206.21 [e]), which only requires that any
amendment or supplement ‘‘adding pertinent matter to an appraisal or other