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MATTER OF COUNTY OF WESTCHESTER v. WOLCOTT

40 N.Y.2d 951 (1976)

In the Matter of County of Westchester, Respondent, v. Theodore E. Wolcott, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 18, 1976.

Attorney(s) appearing for the Case

Theodore E. Wolcott, pro se, and Samuel Feldman for Theodore E. Wolcott, appellant.

Gerald Harris, County Attorney (Jonathan Lovett of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order reversed, with costs, and the decree of Supreme Court, Westchester County, reinstated on the opinion by Mr. Justice JOHN J. DILLON at Special Term. The courts below having agreed as to the highest and best use of the property but having differed on valuation, the question before us is "which decision is conformable with the weight of evidence" (Matter of City of New York [Coogan], 20 N.Y.2d 618...

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