As so modified, the order and judgment is affirmed, without costs and without disbursements. On settlement of the order appealed from and upon the argument of the appeal, the Attorney-General expressed no objection to the 5% interest rate. An additional allowance may be awarded under CPLR 3803 (subd. [a], par. 6) when an action is brought by the Attorney-General pursuant to subdivision 12 of section 63 of the Executive Law. However, it has heretofore been determined that...
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