New York Court of Claims March 18, 1983, Claim No. 64903 (Marine Midland Bank, N. A. v. State)

OPINION OF THE COURT

Jeremiah J. Moriarty, J.

On June 2,1980, pursuant to the EDPL and section 30 of the Highway Law, the State of New York appropriated a portion of claimant’s real property, located in the Town of Amherst, Erie County. Upon the trial of the claim based upon the appropriation, claimant raised the issue of the proper prejudgment interest rate to be applied to the award made herein.