§ 2301 — Costs, general 1

New York § 2301

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 23: Costs, Allowances and Commissions

Text

§ 2301. Costs, general\n 1. Costs and allowances in the court shall be awarded solely in\naccordance with this article and shall include all disbursements of the\nparty awarded costs which might be taxed in the supreme court.\n 2. Any award for costs or an allowance is in all instances\ndiscretionary with the court. The amount allowed must be fixed by the\ncourt and inserted in the decree or order.\n 3. All costs taxed and any allowance granted to reimburse a party in\npart or in whole for counsel fees or other expenses necessarily paid or\nincurred shall be awarded to the party but the whole or any part thereof\nmay be made payable to an attorney rendering services to the party in\nthe proceeding or on the appeal, except as otherwise provided in\nsubdivision 8 of the succeeding section.\n 4. Except where special provision is otherwise made by law costs or an\nallowance may be made payable by any party personally or out of the\nassets of the estate or out of the share or interest of any person or\nfrom both in such proportion as directed by the court and justice\nrequires.\n 5. In any proceeding the court may direct that the grant of costs or\nan allowance be reserved for supplemental decree to be entered after the\ntime to appeal has expired or if an appeal be taken, after final\ndetermination of the appeal.\n