{"jurisdiction": "us-ny", "code": "scpa", "section": "2304", "citation": "SCPA § 2304", "heading": "Costs of appeal 1", "text": ["§ 2304. Costs of appeal", "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."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/2304", "from_official_api": true, "plain_english": "**Costs of an appeal**.\n- **(1)** The **appellate court** may award appeal costs:\n  - **(a)** in a proceeding to **construe a will**, to **any party** to the appeal; ★\n  - **(b)** in any other proceeding, to a party who **(i)** succeeded in whole or part, **(ii)** took part as a fiduciary, guardian ad litem, guardian, committee or conservator of a person under disability, or **(iii)** is the named executor who offered the will in **good faith**.\n- **(2)** The court may direct that costs **abide the event** of a new trial or later Surrogate's Court proceedings.\n- **(3)** Costs may be paid **out of the estate** or, if awarded to a successful party, **personally by the unsuccessful party**, as the appellate court directs, or if it gives no direction, as the Surrogate's Court directs.\n- **(4)** Appeal costs awarded in the Surrogate's Court follow **CPLR 8203 and 8204**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/2304", "publisher": "Elyphived LLC"}