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CHASE MANHATTAN v. STATE OF NY

103 A.D.2d 211 (1984)

Chase Manhattan Bank, N. A., as Trustee under The Will of John Parmentier, Deceased, Respondent, v. State of New York, Appellant

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

August 27, 1984

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Jeremiah Jochnowitz and Dennis Hurley of counsel), for appellant.

Shea & Gould (Thomas J. Johnson of counsel), for respondent.

MOLLEN, P. J., LAZER, THOMPSON and O'CONNOR, JJ., concur.

Per Curiam.

The central issue on this appeal is the proper valuation of classified wetlands taken in condemnation, where the claim is made that the restrictions upon the use of the wetlands are, themselves, confiscatory.

On June 20, 1978, claimant's property was appropriated for environmental purposes pursuant to ECL 3-0305. The property is located in the unincorporated Hamlet of Bayport, Town of Islip, Suffolk County, New York. It is

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