In re the Accounting of Rowland

Anthony P. Savarese, S.

In this proceeding the Court of Appeals reversed the judgment of the Appellate Division and directed that the decree of the Surrogate be reinstated, with costs in that court and in the Appellate Division (1 N Y 2d 284). Section 1510 of the Civil Practice Act, which governs the award of costs upon an appeal to the Court of Appeals, provides in subdivision 3 thereof as follows: ‘‘ For each term, not exceeding ten, at which the cause is on the calendar, excluding the term at which it is argued or otherwise finally disposed of, ten dollars.” Here the appellant seeks to tax…