Opinion
2002-09756.
Decided April 12, 2004.
In a claim to recover damages for the appropriation of real property, the claimant appeals from an order of the Court of Claims (Sise, J.), dated September 17, 2002, which denied its motion for an additional allowance pursuant to EDPL 701.
Siegel Fenchel Peddy, P.C., Garden City, N.Y. (Jason M. Penighetti of counsel), for appellant.
Eliot Spitzer, Attorney-General, Albany, N.Y. (Peter H. Schiff and Michael S. Buskus of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P., HOWARD MILLER, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Court of Claims providently exercised its discretion in denying the claimant's motion for an additional allowance ( see EDPL 701; Hakes v. State of New York, 81 N.Y.2d 392; Matter of County of Tompkins, 298 A.D.2d 825).
The claimant's remaining contentions either are unpreserved for appellate review or without merit.
GOLDSTEIN, J.P., H. MILLER, ADAMS and COZIER, JJ., concur.