Majority
p. 897In the Matter of the Application and Petition of J. Edward Simmons and Others, Constituting the Board of Water Supply of the City of New York, to Acquire Real Estate, etc., in the City of Yonkers, Westchester County, New York, for the Purpose of Providing an Additional Supply of Pure and Wholesome Water for the Use of the City of New York. (Hill View Reservoir, Section No. 2, Eighth Separate Report.) William R. Ware and Edward J. Ware, as Trustees under the Will of Enoch R. Ware, Deceased, Appellants.
Headnote
Appeal by William R. Ware and Edward J. Ware, as trustees, etc., from so much of an order of the Supreme Court, made at Special Term, and entered in the office of the clerk of the county of Westchester on the 5th day of June, 1911, as denies then motion for an allowance of counsel fees in excess of the sum of $2,000.This case is governed by our recent decision in Matter of Simmons, Hill View Reservoir, See. No. 1 ( 151 App. Div. 444 ), and, therefore, the order should be reversed, with ten dollars costs and disbursements, and the matter remitted to the Special Term for further consideration. Inasmuch as this court has allowed an appeal to the Court of Appeals from its order in the former case, which yet remains undetermined, the same course will be followed in this case should counsel so desire. Thomas, Carr, Woodward and Rich, JJ., concurred; Jenks, P. J., taking no part. Order reversed, with ten dollars costs and disbursements, and matter remitted to the Special Term. .