Engineering Science and Subsurface Exploration, P. C. (Essex)
led November 20, 2000 on the grounds that the appraisal and
expert report were untimely led pursuant to 22 NYCRR
206.21 (e) and (f) and upon the further ground that the
amended appraisal report was based upon comparable sales in-
formation contained in claimant's appraisal led September
15, 2000, thereby engendering prejudice to claimant, is denied.
This is a claim to recover $2,000,000 in direct damages and
$1,300,000 in consequential damages resulting from the
Department of Transportation's appropriation of approximately
20 acres of a stone quarry owned by the claimant and located
on Farmer's Inn Road in the Town of Hoosick, New York, as
part of the construction of the New York portion of the Ben-
nington Bypass.
The claim was led on September 28, 1998. Pursuant to 22
NYCRR 206.21 (b) the parties had six months from the ling of
the claim (i.e., until Mar. 28, 1999) to le appraisals and other
expert reports. Prior to the expiration of that time period, the
defendant requested an additional six-month extension of the
ling deadline. The Court, by letter dated March 1, 1999,
granted an extension until September 28, 1999. The Court
thereafter executed two orders led July 20, 1999 and March
10, 2000 based upon separate stipulations of the parties
extending the ling dates to March 24, 2000 and June 24, 2000,
respectively. A motion by the defendant seeking yet another
extension was granted by decision and order led August 23,
2000. That motion, which was unopposed, extended the ling
DAILEY, INC. v STATE OF NY [188 Misc 2d 303] 305
deadline to September 15, 2000. A subsequent telephonic
request by the defendant for additional time to le the State's
appraisal and other expert reports was denied.