N.Y. Civil Practice Law & Rules § 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.