Ordered that the order is modified, on the facts and as a matter of discretion, by deleting the provision thereof awarding the petitioner 1% of the total attorney's fee, and substituting therefor a provision awarding him 5% of the total attorney's fee collected on the judgment as of the date of the petitioner's application; as so modified, the order is affirmed, without costs or disbursements.
Under the circumstances of this case, the Supreme Court did not err in...
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