Matter of Davis

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentAug 17, 1992
586 N.Y.S.2d 1010 (N.Y. App. Div. 1992)
586 N.Y.S.2d 1010185 A.D.2d 884

August 17, 1992

Appeal from the Surrogate's Court, Dutchess County (Benson, S.).

Ordered that the order is modified, on the facts and as a matter of discretion, by granting the objectant's motion to the extent that the sums of $1,120 and $378.25 paid by the petitioner for the stenographic minutes of the trial are deleted from the bill of costs; as so modified, the order is affirmed, without costs or disbursements.

The petitioner contends that the cost of stenographer's minutes ordered at the outset of a trial, at the request of the Surrogate, is properly taxed as disbursements against the unsuccessful party since the minutes are necessary to the case on appeal. Based upon the facts and circumstances of this case, we disagree (see, Gallagher v. Baird, 60 App. Div. 29; Long Is. Contr. Supply Co. v. City of New York, 142 App. Div. 1).

Further, we find that the objectant should not be reimbursed for its share of the cost of the trial transcript (see, SCPA 2302 [b]; Matter of Byron, 61 Hun 278). Balletta, J.P., Miller, Pizzuto and Santucci, JJ., concur.