¶1This 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. .
154 A.D. 897
In re Simmons
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1912
Appellate Division of the Supreme Court of the State of New York · decided 1912-12-15
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.
Decided 1912-12-15