New York Civil Practice Law & Rules Section 8107 - Costs upon appeal.

  8107.  Costs  upon  appeal.  The  party in whose favor an appeal is
  decided in whole or in part  is  entitled  to  costs  upon  the  appeal,
  whether  or  not he is entitled to costs in the action, unless otherwise
  provided by statute, rule or order of the appellate court. Where  a  new
  trial  is  directed  upon  appeal,  costs upon the appeal may be awarded
  absolutely or to abide the event.

Last modified: February 3, 2019