F & D Realty Co. v. Noto

In a proceeding pursuant to CPLR article 78 to compel the appellants to grant the petitioner a special permit, the appeal, as limited by the appellants’ brief, is from so much of a judgment of the Supreme Court, Suffolk County (Underwood, J.), dated April 4, 1985, as granted the petitioner an additional allowance of $3,000 pursuant to CPLR 8303 (a) (2).

Ordered that the judgment is reversed insofar as appealed from, without costs or disbursements, and the provision in the judgment awarding the petitioner an additional allowance of $3,000 pursuant to CPLR 8303 (a) (2) is deleted.

This proceeding…