BURNS v. STATE


63 A.D.2d 848 (1978)

Robert E. Burns, Appellant, v. State of New York, Respondent. (Claim No. 57064.) (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 26, 1978


Judgment unanimously affirmed, without costs.

Memorandum:

In this appropriation case the trial court correctly concluded that the evidence failed to establish a reasonable probability of rezoning the subject parcel from residential to commercial use at the time of the taking (Matter of City of New York [Shore Front High School — Rudnick], 25 N.Y.2d 146, mod 26 N.Y.2d 748...

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