Opinion
Argued October 21, 1976
Decided November 18, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J. DILLON, J.
Theodore E. Wolcott, pro se, and Samuel Feldman for Theodore E. Wolcott, appellant.
Gerald Harris, County Attorney (Jonathan Lovett of counsel), for respondent.
Order reversed, with costs, and the decree of Supreme Court, Westchester County, reinstated on the opinion by Mr. Justice JOHN J. DILLON at Special Term. The courts below having agreed as to the highest and best use of the property but having differed on valuation, the question before us is "which decision is conformable with the weight of evidence" (Matter of City of New York [Coogan], 20 N.Y.2d 618, 623).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.