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This entry was published on 2014-09-22
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SECTION 2301
Costs, general 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 23
§ 2301. Costs, general

1. Costs and allowances in the court shall be awarded solely in
accordance with this article and shall include all disbursements of the
party awarded costs which might be taxed in the supreme court.

2. Any award for costs or an allowance is in all instances
discretionary with the court. The amount allowed must be fixed by the
court and inserted in the decree or order.

3. All costs taxed and any allowance granted to reimburse a party in
part or in whole for counsel fees or other expenses necessarily paid or
incurred shall be awarded to the party but the whole or any part thereof
may be made payable to an attorney rendering services to the party in
the proceeding or on the appeal, except as otherwise provided in
subdivision 8 of the succeeding section.

4. Except where special provision is otherwise made by law costs or an
allowance may be made payable by any party personally or out of the
assets of the estate or out of the share or interest of any person or
from both in such proportion as directed by the court and justice
requires.

5. In any proceeding the court may direct that the grant of costs or
an allowance be reserved for supplemental decree to be entered after the
time to appeal has expired or if an appeal be taken, after final
determination of the appeal.