Opinion
April 4, 1986
Appeal from the Niagara County Court, Hannigan, J.
Present — Callahan, J.P., Doerr, Denman, Green and O'Donnell, JJ.
Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: It was error for the court to award plaintiff additional costs in the amount of $3,300. Pursuant to CPLR 8303 (a), a trial court may, on motion, award a party to a mortgage foreclosure action a sum not to exceed $300 (CPLR 8303 [a] [1]) or award a party to a difficult or extraordinary case a sum not to exceed $3,000 (CPLR 8303 [a] [2]), but may not make both such awards to the same party. Because there was no motion for additional allowances and because the court effected a double award, the judgment should be modified to delete the award.
The other claims raised are without merit.