2006 New York Code - Costs Of Appeal

 
  § 2304. Costs of appeal
    1. The appellate court may award costs of the appeal as follows:
    (a) Upon an appeal in a proceeding to construe a will, to any party to
  the appeal.
    (b) Upon an appeal in any other proceeding, to any party who
    (i) has succeeded therein in whole or in part, or
    (ii)  has  participated  therein  as  a  fiduciary, guardian ad litem,
  guardian, committee or conservator of a person under disability, or
    (iii) is named as an executor in a paper propounded  by  him  in  good
  faith as the will of the decedent.
    2.  The court may direct that the costs shall abide the event of a new
  trial or of the subsequent proceedings in the surrogate's court.
    3. Costs may be made payable out of the estate, or  if  awarded  to  a
  successful  party,  personally by the unsuccessful party, as directed by
  the appellate court or if such direction be not given,  as  directed  by
  the court.
    4.  Costs  of an appeal awarded in the court shall be pursuant to CPLR
  8203 and 8204.