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  5. 42 N.Y.2d 849 (1977)
 

MATTER OF COUNTY OF NASSAU

42 N.Y.2d 849 (1977)

In the Matter of the County of Nassau, Respondent, Relative to Acquiring Title to Real Property for the Mill Neck Conservation of the Area of Open Space and Excess Land in the Incorporated Village of Bayville, Town of Oyster Bay. Eveandra Enterprises, Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1977.

Attorney(s) appearing for the Case

Samuel Goldstein for appellant.

James M. Catterson, Jr., County Attorney (Natale C. Tedone and Matthew A. Tedone of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

We agree with the Appellate Division that claimant has not demonstrated that the validity of the statutory prejudgment interest rate of 6% is constitutionally infirm. Compensation accruing at the time of vesting and for the period prior to an award in a condemnation proceeding "is payable as a substitute for the beneficial use of real property" (Matter of Rochester Carting Co. v Levitt,

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