Granchelli v. Danna

— Judgment modified and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Niagara County, for further proceedings, in accordance with memorandum. All concur, Simons, J. P., not participating. Memorandum: In this tax certiorari proceeding to review assessments, it was error to tax as costs the $350 fee for petitioner’s appraiser (see Matter of Allied Chem. Corp. v Town of Geddes, 87 Misc 2d 704). We reject petitioner’s contention that the allowance can be sustained under subdivision 2 of section 722 of the Real Property Tax Law upon the basis of the confirmed…