Appellate Division of the Supreme Court of the State of New York May 26, 1978, Claim No. 57064; Appeal No. 1 (Burns v. State)

1.) Judgment unanimously affirmed, without costs. Memorandum: In this appropriation case the trial court correctly concluded that the evidence failed to establish a reasonable probability of rezoning the subject parcel from residential to commercial use at the time of the taking (Matter of City of New York [Shore Front High School—Rudnick], 25 NY2d 146, mod 26 NY2d 748; Masten v State of New