Opinion
May 22, 1967
MEMORANDUM BY THE COURT. Appeal by the claimant from a judgment of the Court of Claims awarding $10,000 to her for direct and consequential damages resulting from a partial appropriation of her real property. The trial court found that the claimant suffered both direct and consequential damages as a result of the appropriation of a portion of her real property. However, the court made no separation of the award as to either type of damage and further found an after value which is more than either the State's proof or the claimant's proof. (See Asken v. State of New York, 25 A.D.2d 922, 923.) We are unable on this record to determine the basis of the award. This decision was made prior to Conklin v. State of New York ( 22 A.D.2d 481) and under the circumstances further and more definite findings are required. Determination of appeal withheld and case remitted for further proceedings not inconsistent herewith. Upon the making of new or additional findings by the Trial Judge, and the filing of the record thereof in this court, the case will be restored to the calendar. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by the court.