Section 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.