188 Misc 2d 303

tion Law § 25-a, the Žling deadline for amended or supplemen-
tal appraisals and reports measured from the Court Clerk's
September 18, 2000 exchange date was extended to the next
business day, which was Monday, November 20, 2000, and
that, accordingly, the Žlings on that date were timely made.
Claimant also argues that the Essex report, dated October
11, 2000, was a rebuttal report to claimant's geological report
and that pursuant to 22 NYCRR 206.21 (f) defendant was
required to Žle the report within one month of the Žling of
claimant's geological report on September 15, 2000. Defendant
contends that the Essex report, dated October 11, 2000, was an
amended and supplemental report subject to the two-month Žl-
ing rule measured from the exchange of the initial appraisals
and reports by the Court Clerk on September 18, 2000.
Subdivisions (e) and (f) of section 206.21 provide:
‘‘(e) Amendments and supplements. If a party
intends at trial to oer proof correcting errors in or
adding pertinent matter to an appraisal or other
expert report, an amendment or supplement thereto
shall be Žled within two months after the exchange
of appraisals and reports. The clerk shall send cop-
ies to all other parties.
‘‘(f) Rebuttal reports. If a party intends at trial to
oer expert evidence in rebuttal to any report, or

1. The correct citation is Real Property Law § 333 (1-e).
 DAILEY, INC. v STATE OF NY [188 Misc 2d 303] 307

amendment or supplement thereto, an expert
report shall be Žled within one month after receipt
of the document sought to be rebutted. The clerk
shall send a copy to all other parties.’’
Upon review of the expert reports submitted by the parties,
including the amended Essex report dated October 11, 2000,
the Court concludes that the amended and/or supplemental