
    County of St. Lawrence, Appellant, v. State of New York, Respondent.
    
      State — when award of Court of Claims properly without interest.
    
    
      County of St. Lawrence v. State of New York, 199 App. Div. 944, affirmed.
    (Argued April 24, 1923;
    decided May 8, 1923.)
    Appeal, by permission, from a judgment of the Appellant Division of the Supreme Court in the third judicial department, entered November 25, 1921, unanimously affirming a judgment of the Court of Claims refusing to claimant interest upon the amount of its claims from the date of its filing to the date of judgment. The claim herein was for the refunding to the county of St. Lawrence of taxes paid by the town of Hammond from the year 1872 to the date of the filing of the claim, and by the town of Morristown from the year 1875 to the date of the filing of the claim, upon assessments therein of the real and personal property of the Black River and Morris-town Railroad Company. The state contended that the statute under which the claim was filed (L. 1904, ch. 163) provided that awards should be “ without interest.”
    
      Ledyard P. Hale and Charles M. Hale for appellant.
    
      Charles D. Newton, Attorney-General (W. J. Weiherbee and Carey D. Davie for respondent.
   Judgment affirmed, with, costs; no opinion..

Concur: Iiiscock, Ch. J., Hogan, Pound, Crane and Andrews, JJ. Dissenting: McLaughlin, J. Absent: Cardozo, J.  