New York Consolidated Laws, Civil Practice Law and Rules - CVP § 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.