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188 Misc 2d 303

Citation
188 Misc 2d 303
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,791 chars
eort would be made to prevent the State's experts from
reviewing the claimant's reports prior to the preparation of the
State's amended or supplemental reports.
The defendant's attorney underwent hip replacement surgery
on September 28, 2000. During his convalescence he was
contacted at home by an associate attorney in the Attorney
General's Real Property Bureau regarding the disclosure to the
State's appraiser of certain information contained in the
claimant's appraisal Žled on September 15, 2000. Counsel al-
leges that he instructed the associate attorney to only release
redacted copies of the claimant's raw sales data. He further al-
leges that the data on New York State sales, which is required
306 188 MISCELLANEOUS REPORTS, 2d SERIES

to be Žled pursuant to Real Property Tax Law § 33 (1-e),1 was
and is public information which was otherwise obtainable by
defendant's experts. Counsel asserts and the adavits of
Donald E. Shehigian, James L. Wood and George F. Silver cor-
roborate his allegation that no part of the claimant's appraisal
or expert report other than the raw sales data relating to the
claimant's comparable sales was disclosed to the State's expert
prior to the preparation of the amendments which are the
subject of this motion, including the experts’ comments and
adjustments.
[1] Claimant alleges on this motion that the amended ap-
praisal of George F. Silver and the Essex supplemental geologi-
cal report, both of which were Žled on November 20, 2000,
were untimely in that the Žlings did not occur within two
months of the date on which the Clerk of the Court exchanged
the appraisals and reports (i.e., Sept. 18, 2000). Defendant
countered this argument by pointing out that November 18,
2000 was a Saturday and that, pursuant to General Construc-