
    In the Matter of the City of Rochester, Appellant. Hyman Cohen, Respondent.
    
      Eminent domain — condemnation proceedings — costs — power of court to grant additional allowance.
    
    
      Matter of City of Rochester, 219 App. Div. 857, affirmed.
    (Argued October 5, 1927;
    decided October 25, 1927.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 16, 1927, which affirmed an order of the Monroe County Court granting a motion by the respondent herein for costs and' an additional allowance in condemnation proceedings.
    The following question was certified: “ Had the court power and jurisdiction to grant the additional allowance of costs which was granted to Hyman Cohen in this proceeding? ”
    
      Clarence M. Platt, Corporation Counsel (Charles B. Forsyth of counsel), for appellant.
    
      Daniel J. O’Mara for respondent.
   Order affirmed, with costs; question certified answered in the affirmative; no opinion.

Concur: Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ. Not voting: Cardozo, Ch. J.  