N.Y. Surrogate's Court Procedure Act § 2301: Costs, general 1

§ 2301. Costs, general

1. Costs and allowances in the court shall be awarded solely in

accordance with this article and shall include all disbursements of the

party awarded costs which might be taxed in the supreme court.

2. Any award for costs or an allowance is in all instances

discretionary with the court. The amount allowed must be fixed by the

court and inserted in the decree or order.

3. All costs taxed and any allowance granted to reimburse a party in

part or in whole for counsel fees or other expenses necessarily paid or

incurred shall be awarded to the party but the whole or any part thereof

may be made payable to an attorney rendering services to the party in

the proceeding or on the appeal, except as otherwise provided in

subdivision 8 of the succeeding section.

4. Except where special provision is otherwise made by law costs or an

allowance may be made payable by any party personally or out of the

assets of the estate or out of the share or interest of any person or

from both in such proportion as directed by the court and justice

requires.

5. In any proceeding the court may direct that the grant of costs or

an allowance be reserved for supplemental decree to be entered after the

time to appeal has expired or if an appeal be taken, after final

determination of the appeal.