Opinion
October, 1934.
Order denying motion to retax defendant's bill of costs by striking therefrom the item of forty dollars for "Stenographer's fees" reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted. The purpose for which the minutes were obtained was to aid the respondent in the preparation of a brief before the official referee. The item was not taxable for this purpose. (See Long Island Contracting Supply Co. v. City of N.Y., 142 App. Div. 1; Ridabock v. Metropolitan Elevated R. Co., 8 id. 309.) Under section 116 Jud. of the Judiciary Law, the referee's copy of the minutes was, in our opinion, available to the respondent for the purpose of preparing his brief. Lazansky, P.J., Kapper, Hagarty, Carswell and Davis, JJ., concur.