Backer v. State

Order unanimously affirmed, without costs. Memorandum: In this appropriation case under the Highway Law, claimants appeal from an order of the Court of Claims denying their motion for discovery and inspection of an unfiled appraisal report and certain related records. The prior appraisal was utilized by a State Department of Transportation review appraiser in recommending an official order amount. An offer was made based upon the official order amount and claimants elected to take a partial payment. Thereafter the prior appraisal was used to encumber Department of Transportation funds which…