Andrews v. Srogi

77 A.D.2d 781, 431 N.Y.S.2d 226, 1980 N.Y. App. Div. LEXIS 12529

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 10, 1980
• Status: Published

Opinion

Order unanimously modified, by deleting the award of additional allowances, pursuant to CPLR 8303, and, as modified, affirmed, without costs. Memorandum: In this tax review proceeding, the court granted petitioner additional costs and allowances under CPLR 8303 (subd [a], par 2) and under subdivision 1 of section 722 of the Real Property Tax Law. While the award of costs under subdivision 1 of section 722 of the Real Property Tax Law was proper, additional costs and allowances under the CPLR may not be granted in a tax review proceeding (Grant Co. v Srogi, 71 ). (Appeals from order of Onondaga Supreme Court—Real Property Tax Law, art 7.) Present—Dillon, P. J., Simons, Hancock, Jr., Callahan and Witmer, JJ.