Opinion
September 19, 1963
Appeal from the Onondaga County Court.
Present — Williams, P.J., Bastow, Goldman, Henry and Noonan, JJ.
Judgment insofar as appealed from unanimously reversed, with $50 costs and disbursements and application for additional allowance of 5% of the amount of the award granted. Memorandum: In the exercise of a proper discretion the application should have been granted. ( Power Auth. of State of N.Y. v. Wustrack, 10 N.Y.2d 730.)