There is a newer version of the New York Consolidated Laws
2006 New York Code - Costs, Fees And Expenses.
§ 77-k. Costs, fees and expenses. 1. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be inappropriate. No fees, costs or expenses shall be assessed against a party who is fleeing an incident of domestic violence or mistreatment or abuse of a child or sibling, unless the court is convinced by a preponderance of evidence that such assessment would be clearly appropriate. 2. The court may not assess fees, costs, or expenses against a state unless authorized by law other than this article.
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