N.Y. Surrogate's Court Procedure Act § 2303: Security for costs 1

§ 2303. Security for costs

1. In any proceeding in which an issue is raised by answer or

objection by or on behalf of a non-domiciliary against the proponent of

a will or a fiduciary or where the probate of a will has been tried

before a jury which has disagreed, the court may require the person or

persons raising such issue to give security for costs upon motion made

by the proponent or fiduciary.

2. Security for costs may be required from any non-domiciliary who is

the petitioner in any proceeding, provided the court finds that security

is necessary for the protection of the estate.

3. If any party fails to comply with an order requiring him to give

security for costs the court, upon the application of any interested

party who might resort to the security if furnished, may make an order

or decree dismissing the objections, answer or petition of the party in

default.