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In the Matter of RAYMOND H. DODGE, as Commissioner of Public Works of the City of Syracuse, Respondent, v. LEO D. KELLEY et al., Appellants.

Judgment insofar as appealed from unanimously reversed, with $50 costs and disbursements and application for additional allowance of 5% of the amount of the award granted. Memorandum: In the exercise of a proper discretion the application should have been granted. ( Power Auth. of State of N.Y. v. Wustrack, 10 N.Y.2d 730.)

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MATTER OF DODGE v. KELLEY
(Sep 19, 1963)