§ 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.