New York Highway Code § 246

Power of court on appeal
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§ 246. Power of court on appeal. The special term may grant or refuse\ncosts as upon a motion, including also witnesses' fees, referees' fees\nand disbursements. The appeal provided for in the last preceding section\nshall conform to the practice of the supreme court, in case of appeal\nfrom an order of a special term to the appellate division.\n

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