In re the Town of Greenburgh

Gulotta, J. (dissenting).

I dissent and vote to affirm the order.

I cannot agree that the appellant, Mrs. Jolley, is entitled to the interest generated by the principal fund, notwithstanding the fact that her inability to obtain it ab initio was occasioned through no fault of her own. Both State and Federal case law is firmly settled in favor of the position of the respondent Commissioner of Finance of Westchester County, i.e., that the condemnee is not entitled to any interest after the money has been deposited into court (see Newburgh Urban Renewal Agency v Stein, 75 Misc 2d 156, affd 51 AD2d…