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Andrews v. Srogi

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1980
77 A.D.2d 781 (N.Y. App. Div. 1980)

Opinion

July 10, 1980

Appeal from the Onondaga Supreme Court.

Present — Dillon, P.J., Simons, Hancock, Jr., Callahan and Witmer, JJ.


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 Real Prop. Tax of the Real Property Tax Law. While the award of costs under subdivision 1 of section 722 Real Prop. Tax 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 A.D.2d 457).


Summaries of

Andrews v. Srogi

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1980
77 A.D.2d 781 (N.Y. App. Div. 1980)
Case details for

Andrews v. Srogi

Case Details

Full title:JOHN ANDREWS, Respondent-Appellant, v. ROBERT Z. SROGI, as Commissioner of…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 10, 1980

Citations

77 A.D.2d 781 (N.Y. App. Div. 1980)