Opinion
October 19, 1998
Appeal from the Supreme Court, Suffolk County (Werner, J.).
Ordered that the judgment and the order and judgment are affirmed, with one bill of costs.
The award of $27,000 to the claimant as just compensation for the taking of his property was supported by sufficient evidence ( see, Matter of Village of Johnson City [Waldo's, Inc.], 241 A.D.2d 874; Matter of City of Albany [Brown Equip. Co.], 199 A.D.2d 746; Matter of City of New York v. Estate of Levine, 196 A.D.2d 654; Chase Manhattan Bank v. State of New York, 103 A.D.2d 211). Although the court should have admitted the rebuttal evidence proffered by the claimant, any error in this regard was harmless ( see, Matter of Village of Hilton v. Edelman, 83 A.D.2d 767; see also, City of Batavia v. Bolas, 174 A.D.2d 993).
Pursuant to Eminent Domain Procedure Law § 304 (H), the Town of Brookhaven is entitled to the return of its excess advance payment of $3,000.
Bracken, J. P., Copertino, Thompson and Friedmann, JJ., concur.