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).