Opinion
October 27, 1967
Appeal by the claimant from a judgment of the Court of Claims awarding it $10,200 for the appropriation of a parcel of land located at 276 Hamilton Street in the City of Albany in connection with the South Mall project. The record contains the usual dispute between the experts as to the best and highest use and consequently the value attributable to the property. We, however, can find advanced no reason why the trial court could not reject the testimony of claimant's expert and accept that of the State's appraiser. Accordingly, the judgment must be affirmed (e.g. Glen Mohawk Milk Assn. v. State of New York, 2 A.D.2d 95, 97). Judgment affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by Reynolds, J.