N.Y. SCP Law § 2304

§ 2304. Costs of appeal\n 1. The appellate court may award costs of the appeal as follows:\n (a) Upon an appeal in a proceeding to construe a will, to any party to\nthe appeal.\n (b) Upon an appeal in any other proceeding, to any party who\n (i) has succeeded therein in whole or in part, or\n (ii) has participated therein as a fiduciary, guardian ad litem,\nguardian, committee or conservator of a person under disability, or\n (iii) is named as an executor in a paper propounded by him in good\nfaith as the will of the decedent.\n 2. The court may direct that the costs shall abide the event of a new\ntrial or of the subsequent proceedings in the surrogate's court.\n 3. Costs may be made payable out of the estate, or if awarded to a\nsuccessful party, personally by the unsuccessful party, as directed by\nthe appellate court or if such direction be not given, as directed by\nthe court.\n 4. Costs of an appeal awarded in the court shall be pursuant to CPLR\n8203 and 8204.\n