Opinion
February 2, 1976
In a condemnation proceeding, claimant appeals from so much of a partial final decree of the Supreme Court, Nassau County, entered June 26, 1975, after a hearing, as provides that the award shall carry interest at the rate of 6% per annum. Partial final decree affirmed insofar as appealed from, with costs. In our opinion, claimant's evidence did not overcome the presumptive validity of the statutory rate (see Matter of City of New York [Bronx Riv. Parkway], 259 App. Div. 552, affd 284 N.Y. 48, affd 313 U.S. 540; Matter of Incorporated Vil. of Hempstead [Y.M.C.A. of Nassau Suffolk Counties], 33 A.D.2d 1036). Martuscello, Acting P.J., Cohalan, Margett, Damiani and Rabin, JJ., concur.