Daniel Shakespeare Corp. v. Incorporated Village

In a proceeding to recover damages for a permanent taking of real property, the appeal is from an order and judgment (one paper) of the Supreme Court, Nassau County (McCabe, J.), entered October 31, 2002, which awarded the petitioner an additional allowance pursuant to EDPL 701 of $56,310.03, consisting of $45,000 in counsel fees, $2,310.03 in costs and disbursements awarded to the appellant on a prior appeal, and $8,750 in appraisal fees.

Ordered that the order and judgment is modified, on the law and as a matter of discretion, by deleting therefrom the provi*854sions awarding the petitioner…