Farrell v. State

Claimant has moved pursuant to CPLR 3025 for an order permitting the filing and serving of an amended appraisal in this appropriation proceeding. The State of New York in its opposing affidavit has correctly challenged the applicability of CPLR 3025, which relates to amendments of pleadings, to the instant motion. However, inasmuch as the authority to hear and determine an application of this nature is contained in rule 25a of the Rules of the Court of Claims, the court will deem the motion to have been made thereunder and proceed to a determination thereof.

The claim herein was filed on April…