Rome Urban Renewal Agency v. Sanzone

Order unanimously affirmed, with costs. Memorandum: This being a condemnation proceeding as distinguished from an appropriation case, the power of the court to review the award of the Commissioners is strictly limited (City of Niagara Falls v New York Cent. R. R. Co., 31 AD2d 780). In Niagara Falls Urban Renewal Agency v Harkins (40 AD2d 1075, mot for lv to app den 31 NY2d 648), we reaffirmed the limited judicial review authority in such proceedings, observing that: "The court cannot modify but must either confirm the report or reject it for irregularities in the proceeding, or because it is…