Burns v. State

1.) Judgment unanimously affirmed, without costs. Memorandum: In this appropriation case the trial court correctly concluded that the evidence failed to establish a reasonable probability of rezoning the subject parcel from residential to commercial use at the time of the taking (Matter of City of New York [Shore Front High School—Rudnick], 25 NY2d 146, mod 26 NY2d 748; Masten v State of New York, 11 AD2d 370, affd 9 NY2d 796; Matter of City of Rochester v Dray, 60 AD2d 766). Inasmuch as the claimant’s appraisal was based solely on a speculative commercial use providing only commercial sales…