2006 New York Code - Award Of Costs And Allowances

 
  § 2302. Award of costs and allowances
    1.    Upon  a  motion  the  court may award costs to any party in such
  amount as it determines not exceeding  $20  to  each  party,  except  in
  counties within the City of New York, where such amount shall not exceed
  $40.
    2.    Upon rendering a decree or in granting or denying an application
  to vacate a decree the court may award as costs such  sum  as  it  deems
  reasonable to the petitioner and to any other party who has succeeded in
  whole  or  in  part  in a contest or whose attorney, in the absence of a
  contest, has rendered services of substantial benefit to him, her or it,
  or to the estate, not exceeding
    (a)  in counties within the City of New York:
    (i) $100 where there has not been a contest, or
    (ii) $300 where there has been a contest and $300 for each  day,  less
  one,  necessarily  occupied in the trial or hearing and in addition $100
  for each day  necessarily  occupied  in  preparing  therefore  and  $100
  additional if a motion for a new trial is granted.
    (b) in all other counties:
    (i) $50 where there has not been a contest, or
    (ii)  $150  where there has been a contest and $150 for each day, less
  one, necessarily occupied in the trial or hearing and  in  addition  $50
  for  each  day  necessarily  occupied  in  preparing  therefore  and $50
  additional if a motion for a new trial is granted.
    3.  In a contested probate proceeding:
    (a) Costs payable out of the estate or otherwise may be awarded (1) to
  an unsuccessful contestant only if he, she or it be a guardian ad  litem
  or  guardian, committee or conservator of a person under disability; (2)
  to an  unsuccessful  proponent  named  as  executor  in  the  will  when
  propounded  by  him,  her  or  it  in good faith as the last will of the
  decedent; and (3) to a person named as executor in a prior will on  file
  in  the  court  that  is  not  admitted  to  probate  when  such  person
  participates in the proceeding in good faith.  Such nominated  executor,
  guardian   ad   litem,   guardian,  committee  or  conservator,  whether
  successful or not may be awarded costs and an allowance in such  sum  as
  the  court  deems  reasonable for his, her or its counsel fees and other
  expenses incurred in the contest or attempt to sustain the  will.    The
  court  may  direct that such costs and allowances in whole or in part be
  payable by an unsuccessful  contestant  except  that  an  award  of  the
  successful  proponent's  counsel's  fees  may  only be allowed where the
  court finds that the contest was brought in bad faith or was frivolous.
    (b)  Either before or after the decree granting probate the court  may
  order  that  a  copy  of  the  minutes  of  the  trial be furnished to a
  contestant for the purposes of appeal and  charge  the  expense  thereof
  initially  to the estate if satisfied that the contest is in good faith.
  If the contestant be unsuccessful upon the appeal and he, she or  it  is
  not  the  guardian  of  an  infant, the committee of an incompetent, the
  conservator of a conservatee or a guardian ad litem he, she or it  shall
  refund to the estate any amount so paid by the estate for the minutes.
    4.     In  a  proceeding  for  probate  of  a  will  when  the  public
  administrator or county treasurer has been directed to probate a will or
  continue the proceedings for the probate thereof, the court may award to
  either of them such sum as it deems  reasonable  for  his,  her  or  its
  counsel fees and other expenses necessarily incurred therein.
    5.  After appeal, pursuant to the direction of the appellate court the
  court  may award a fiduciary such sum as it deems reasonable for counsel
  fees and other expenses necessarily incurred on the appeal.
    6.  In a proceeding to construe a will  or  after  appeal  in  such  a
  proceeding,  pursuant  to the direction of the appellate court the court


  may award to a fiduciary or any party to the proceeding such sum  as  it
  deems  reasonable  for  his,  her or its counsel fees and other expenses
  necessarily incurred in the proceeding or on the appeal.
    7.    Upon a final or intermediate judicial settlement a fiduciary may
  be awarded for his, her or its expenses and counsel fees such sum as the
  court deems reasonable not exceeding:
    (a) within the counties of the City of New York:  $100  for  each  day
  necessarily  occupied  in preparing the account and in drawing, entering
  and executing the decree.  Any sum so awarded may be in addition to  any
  costs, allowances or commissions otherwise authorized and awarded by the
  court.
    (b)  in  all other counties: $ 50 for each day necessarily occupied in
  preparing the account and in drawing, entering and executing the decree.
  Any sum so awarded may be  in  addition  to  any  costs,  allowances  or
  commissions otherwise authorized and awarded by the court.
    8.    In a proceeding for disposition of real property a fiduciary may
  be awarded out of the proceeds of sale his, her or its  commissions  and
  such  sum  as  the  court deems reasonable for counsel fees and expenses
  necessarily incurred in the proceeding.