In re Simmons — 138 N.Y.S. 1142

Majority

p. 1142

In re SIMMONS et al., Board of Water Supply.

(Supreme Court, Appellate Division, Second Department.

December 13, 1912.)

Headnote

Appeal from Special Term, Westchester County. Application and petition of J. Edward Simmons and others, constituting the Board of Water Supply, to acquire real estate in the City of Yonkers; Hill View Reservoir, Section No. 2. From so much of an order as denies the motion of William R. Ware and another for an allowance of counsel fees in excess of $2,000, they appeal. Reversed.

Benjamin Trapnell, of New York City, for appellants.

Louis C. White, of New York City, for city of New York.

This case is governed by our recent decision in Matter of Simmons, 151 App. Div. 444 , 135 N. Y. Supp. 921 , and therefore the order should be reversed, with $10 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.