In re City of New York — 125 A.D. 923

Majority

p. 923

Second Department,

April, 1908.

In the Matter of the Application of The City of New York, Appellant, to Acquire Certain Real Estate in the Towns of Carmel and Southeast, Putnam County, New York, under Chapter 490 of the Laws of 1883, and the Laws Amendatory Thereof, for the Purpose of a Dam and Reservoir on the Croton River, and for the Purpose of Supplying the City of New York with an Increased Supply of Pure and Wholesome Water. (First Supplemental Proceeding, Reservoir K.) John Quinn and Others, Commissioners of Estimate and Appraisal, Respondents.

Headnote

Officer—eminent domain—fees of condemnation commissioners in city of New York — discretion of court.

Appeal by the applicant, The City of Hew York, from an order of the Special Term, entered in the office of the clerk of the county of Westchester on the 20th day of Hovember, 1907, taxing commissioners’ fees and expenses.

: These commissioners, under the provisions of chapter 725 of the Laws of 1905, have been awarded §2,000 each in a condemnation proceeding. The city of New York appeals. The commissioners claimed §8,000 each; an affidavit on behalf of the city suggested §1,000 each, with a possible §1,250. The court allowed §2,000 each. While this amount seems large for the amount of work shown by'the record, there are not sufficient facts before us to justify the conclusion that there is an .abuse of the judicial discretion vested in the court at Special Term. Without desiring to establish a precedent for future cases where the, matters are more fully presented to the court, we are not disposed to reverse the order before us. Woodward, Jenks, Hooker, Gaynor and Rich, JJ., concurred. Order affirmed, with ten dollars costs and disbursements.