Opinion
June 20, 1967
Appeal by claimants from a judgment of the Court of Claims which awarded damages for the appropriation of unimproved lands for highway purposes. The State's appraiser said that the lands were landlocked and on that basis were worth $1,000. That valuation, on the basis assumed, seems not to be disputed. Claimants assert, however, that the smaller parcel had access to a travelled way by means of an alleged "paper street" shown as Ashcroft Street on the appropriation map but not on a development or subdivision map (cf. Reis v. City of New York, 188 N.Y. 58). Indeed, it appears from the map itself that, whatever Ashcroft Street is or was intended to be, it was not laid out pursuant to a plan of residential subdivision; and no proof whatsoever was adduced as to either dedication or user. Thus there was a failure of proof of access by public street or by private or other easement. ( Hecht v. Launer, 30 Misc.2d 47, affd. 14 A.D.2d 964 on the opinion of Taylor, J. at Special Term, mot. for lv. to app. den. 11 N.Y.2d 644.) With reference to the larger parcel, the only proof as to any possibility of access was attempted to be shown by testimony of claimant Elizabeth W. Weaver as to her conversation with the owner of adjoining lands concerning the possibility of access over his property. The witness said, "We just discussed it and if I ever did wish to use the land, that we could get together on it." We find appellants' additional contentions equally insubstantial. Judgment affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum Per Curiam.