Judgment affirmed insofar as appealed from, without costs or disbursements.
The assessment of costs pursuant to Public Officers Law § 89 (4) (c) lies within the sound discretion of the court. Unless it clearly appears that Special Term abused its discretion, we should not disturb its determination on an application for costs under this section. No such abuse of discretion is evident upon the record before us. Gibbons, J.P., Thompson, Niehoff and Rubin, JJ., concur.