EFCO-FA Development Corp. v. State

—In an eminent domain proceeding, the claimant appeals from an order of the Court of Claims (Silverman, J.), dated January 6, 1999, which denied its motion for a trial preference pursuant to CPLR 3403 (a) (3) or (4).

*339Ordered that the order is affirmed, with costs.

The claimant sought a trial preference on the ground that its President, who was also a 35% stockholder, was 74 years of age at the time of the application, and in poor health (see, CPLR 3403 [a] [3], [4]). Contrary to the claimant’s contention, its President, as a corporate officer and partial stockholder, does not possess a…