Order affirmed, with costs. By the express provision of section 296 of the Tax Law the city was required to refund the amount due “ with interest thereon from the date of the payment ” of the tax, not from the date when application or demand is made for the audit and allowance of the moneys paid. We do not construe the *493 amendment to the statute as intended to apply in cases where an appeal was pending at the time when the amendment took effect. No opinion.

Concur: Lehman, Ch. J., Loughran, Rippey, Lewis, Conway and Desmond, JJ. Taking no part: Finch, J.