Andrews v. Srogi

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

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.