N.Y. Agriculture & Markets Law § 165: Damages for property destroyed

§ 165. Damages for property destroyed. No damages shall be awarded

for the destruction of infested or infected trees, shrubs, plants and

vines, host plants or other material under the provisions of this

article except as follows: any person deeming himself aggrieved may,

within six months after the destruction occurs, present to the

commissioner a verified claim setting forth the grounds of his grievance

and the amount of his damages, which claim shall be determined by the

commissioner after giving due consideration to any benefits which have

accrued or may accrue to the claimant by reason of such destruction, as

an offset to the amount of the claim. The determination of the

commissioner may be reviewed in the manner provided by article

seventy-eight of the civil practice law and rules.