Opinion
March 16, 1965
Order, entered December 6, 1962, unanimously affirmed, with $30 costs and disbursements to plaintiff-respondent. We agree with Special Term that the provisions of former Civil Practice Act (see § 1518 [subd. 9-a]) did not authorize the taxation by the defendant of the fees paid and loss of interest incurred in connection with the deposit of funds with the City Treasurer to secure a stay of execution. We do not reach the question of whether either of such items would be taxable as disbursements under CPLR 8301 (subd. [a], par. 12).
Concur — Breitel, J.P., Valente, McNally, Stevens and Eager, JJ. [ 38 Misc.2d 574.]