2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 81 - (8101 - 8110) COSTS GENERALLY
8109 - Defendant's costs against the state.

 
    §  8109.  Defendant's  costs against the state. (a) Action brought for
  benefit of municipal corporation. Costs awarded to the defendant  in  an
  action  brought  by the state for the benefit of a municipal corporation
  shall be awarded against the municipal corporation and not  against  the
  state.
    (b)  Payment  of  defendant's costs against the state. Where costs are
  awarded to the defendant and against the state in an action brought by a
  public  officer,  and  the  proceedings  have  not  been   stayed,   the
  comptroller shall draw his warrant upon the treasurer for the payment of
  the  costs  out  of  any  money  in  the  treasury appropriated for that
  purpose, upon the production to  him  of  an  exemplified  copy  of  the
  judgment  or  order  awarding the costs, a copy of a taxed bill of costs
  and a certificate of the attorney-general to the effect that the  action
  was  brought  pursuant to law. The fees of the clerk for the exemplified
  copy shall be certified thereupon by him and included in the warrant.