Opinion
November 2, 1972
Appeal from the Onondaga Special Term.
Present — Marsh, J.P., Witmer, Moule, Cardamone and Henry, JJ.
Order unanimously affirmed, with costs. Memorandum: The city's claim of error in law by the Commissioners of Appraisal in their receipt into evidence, and consideration in their deliberations, of tax equalization rates is without merit ( City of Buffalo v. Irish Paper Co., 31 A.D.2d 470, 475, affd. 26 N.Y.2d 869; Chalmers Sons v. State of New York, 35 A.D.2d 864, 865). The grant of 5% additional allowance was a proper exercise of discretion by Special Term (see Matter of Dodge v. Tierney, 40 A.D.2d 936).