Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent. Order affirmed, with costs, on the memorandum at the Appellate Division ( 49 A.D.2d 647). Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.
Supreme Court's calculations regarding the difference between $300,000 and $214,000 incorrectly reflects a figure of $84,000 when it should reflect a figure of $86,000. Both parties concede that an appraiser's estimation of value would have no probative value if based upon an "unfounded assumption" ( City of Yonkers v. State of New York, 49 A.D.2d 647, affd 39 N.Y.2d 1006). Since the record reflects that plaintiffs' appraiser based its $90,000 valuation on the assumption that the final subdivision was revoked by the Town Board and since we find no basis to indicate that such action was effective to reverse a final determination of the Planning Board ( see, Worthington v Planning Bd., 131 A.D.2d 466, 468), we reject such estimation outright ( see, City of Yonkers v. State of New York, supra; see also, Town Law ยง 282). Even assuming that revocation by the Town Board could be valid, we note that defendants' appraiser testified that his calculation of value would remain the same.