Opinion
March 17, 1995
Appeal from the Court of Claims, NeMoyer, J.
Present — Green, J.P., Pine, Callahan, Doerr and Boehm, JJ.
Judgment unanimously reversed on the law without costs and application denied. Memorandum: The court erred in granting claimant's application for an additional allowance pursuant to EDPL 701, following entry and payment of the judgment (see, Niagara Mohawk Power Corp. v. Great Bend Aggregates, 181 A.D.2d 998). Claimant's reliance on Scuderi v. State of New York ( 184 A.D.2d 1073) and Hakes v. State of New York ( 184 A.D.2d 1035, affd 81 N.Y.2d 392) is misplaced because timeliness was not at issue in those cases.