Skip to main content
Find a Lawyer

New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 2304. Costs of appeal

Current as of January 01, 2026 | Updated by Findlaw Staff

1. The appellate court may award costs of the appeal as follows:

(a) Upon an appeal in a proceeding to construe a will, to any party to the appeal.

(b) Upon an appeal in any other proceeding, to any party who

(i) has succeeded therein in whole or in part, or

(ii) has participated therein as a fiduciary, guardian ad litem, guardian, committee or conservator of a person under disability, or

(iii) is named as an executor in a paper propounded by him in good faith as the will of the decedent.

2. The court may direct that the costs shall abide the event of a new trial or of the subsequent proceedings in the surrogate's court.

3. Costs may be made payable out of the estate, or if awarded to a successful party, personally by the unsuccessful party, as directed by the appellate court or if such direction be not given, as directed by the court.

4. Costs of an appeal awarded in the court shall be pursuant to CPLR 8203 and 8204.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 2304. Costs of appeal - last updated January 01, 2026 | https://codes.findlaw.com/ny/surrogates-court-procedure-act/scp-sect-2304/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard