EXHIBIT 99.2
NOTICE OF CLAIM
STATE OF NEW YORK: COURT OF CLAIMS
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: Claim No.:
GYRODYNE COMPANY OF AMERICA, INC., :
: NOTICE OF CLAIM
Claimant, : ---------------
:
-against- : Maps: D 0200-S 273-b 01-L 003.000;
: D 0800-S-40-B 02-L 011.000
THE STATE UNIVERSITY OF NEW YORK AT : Parcels: N: 1224728.745; E: 268179.244
STONY BROOK for the People of the : Towns of Smithtown & Brookhaven
State of New York, : County of Suffolk
:
Defendant. :
:
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PLEASE TAKE NOTICE that the Claimant, by its attorneys Robinson & Cole LLP,
hereby makes a claim and demand against the THE STATE UNIVERSITY OF NEW YORK AT
STONY BROOK for the People of the State of New York as follows:
(1) The post office address of the Claimant herein is:
Gyrodyne Company of America, Inc.
102 Flowerfield
St. James, New York 11780
(2) This claim is for damages resulting from the permanent appropriation of
property by the Defendant for the Stony Brook University Research and
Development Campus Project, No. 5091, Maps D 0200-S 273-b 01-L 003.000; D
0800-S-40-B 02-L 011.000, Parcels N: 1224728.745; E: 268179.244, Towns of
Smithtown and Brookhaven, County of Suffolk and State of New York.
(3) Title vested in the State University of New York at Stony Brook for the
People of the State of New York (the "State of New York") on or about November
2, 2005.
(4) According to information and belief, notice of such appropriation was
served upon the Claimant on or about November 2, 2005.
(5) The Claimant was at the time of the appropriation the sole fee owner of
the property appropriated.
(6) This claim has not been assigned in whole or in part.
(7) The property appropriated is in the Towns of Smithtown and Brookhaven,
County of Suffolk, and is more particularly described in the appropriation map.
(8) Attached as part of the claim (Exhibit A) is a duplicate of the
official appropriation map served upon the Claimant.
(9) This claim for just compensation is filed within three years after the
claim accrued, as required by law.
(10) Direct, severance and consequential damages for appropriation of fee
are, upon information and belief: $ 158,000,000.00
(11) Interest is claimed from the date on which title vested in the State
of New York until the date of payment, in the amount of at least 9% per annum.
(12) In addition, Claimant reserves its right to claim such disbursements,
experts' fees, attorney's fees, filing fees and other costs as are recoverable
pursuant to the Eminent Domain Procedure Law ("EDPL") and any other applicable
law, and further reserves its right to prove an interest rate in excess of the
statutory rate for the period between vesting and payment, and further reserves
the right to amend such claim, in accordance with the EDPL and Court of Claims
Act as may be required.
Dated: New York, New York
April 27, 2006
Yours, etc.,
ROBINSON & COLE LLP
By: /s/ Joseph L. Clasen
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Joseph L. Clasen
David E. Ross
Attorneys for Claimant
Gyrodyne Company of America, Inc.
885 Third Avenue, 28th Floor
New York, NY 10022
Main: (212) 451-2900
Fax: (212) 451-2999
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
Peter Pitsiokos, being duly sworn, deposes and says: I am the Chief
Operating Officer of Gyrodyne Company of America, Inc., the Claimant in the
within action; I have read the foregoing Claim and know the contents thereof;
and the same is true to my own knowledge, except as to the matters therein
stated to be alleged on information and belief, and as to those matters I
believe them to be true.
/s/ Peter Pitsiokos
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Peter Pitsiokos
Sworn to before me this
27th day of April, 2006
/s/ Christine R. Munoz
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Notary Public
CHRISTINE R. MUNOZ
Notary Public, State of New York
No. 01MU4504188
Qualified in Westchester County
Commission Expires September 30, 2009
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