Opinion
September 14, 1998
Appeal from the Court of Claims (Silverman, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
"In determining an award to an owner of condemned property, the findings must be either within the range of the expert testimony or be supported by other evidence and adequately explained by the court" ( Matter of City of New York [Reiss], 55 N.Y.2d 885, 886; see also, Matter of Town of Islip v. Mustamed Assocs., 222 A.D.2d 682; Matter of Town of Islip v. Sikora, 220 A.D.2d 434). Here, since the trial court's findings with respect to the damage award fell within the range of expert testimony, the court's determination was supported by the record.
Furthermore, the court properly concluded that the two parking spaces which encroached upon the State's right-of-way were not compensable ( see, Fatone v. City of Troy, 236 A.D.2d 676; Dumala v. State of New York, 72 Misc.2d 687). As a result, the court properly made downward adjustments to both parties' comparable sales and leases in making its determination. Moreover, the court adequately articulated the basis for its findings ( see, Gold-Mark 35 Assocs. v. State of New York, 210 A.D.2d 377).
Mangano, P. J., Copertino, Joy and Florio, JJ., concur.