Opinion
October 18, 1943.
Order denying the appellant's application for additional interest on a condemnation award, affirmed, with ten dollars costs and disbursements. The petitioner failed to comply with the provision of subdivision b of section B15-28.0 of the Administrative Code of the City of New York (L. 1937, ch. 929), requiring a demand for interest to be served on the Comptroller within six months from the filing of the final decree. The statutory requirement that a demand be made for interest is not unconstitutional; nor is it unreasonable to require such a demand even where the city has appealed. The effect of an appeal by the city is to protect it from coercive payment. It does not prevent the owner from securing his claim to interest. ( Matter of City of New York [ Chrystie St.], 264 N.Y. 319; Matter of City of New York [ Chrystie St.], 268 N.Y. 679.) The petitioner's stipulations with the Corporation Counsel may not be deemed the equivalent of the demand required by statute, nor a consent by the City of New York that the order affirming the decree constitute the decree itself for the purpose of calculation of interest. Close, P.J., Hagarty, Johnston, Taylor and Lewis, JJ., concur.