Opinion
December 20, 1985
Appeal from the Supreme Court, Onondaga County, Tenney, J.
Present — Callahan, J.P., Denman, Boomer, Green and Schnepp, JJ.
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: It was error to award defendant costs in excess of the statutory maximum (CPLR 8202) inasmuch as no request for a punitive award was made by defendant and no reason for such award was stated by the court.