Unless the court awards a lesser amount, costs awarded on an appeal to the court of appeals shall be in the amount of five hundred dollars.
§ 8204.Amount of costs on appeal to the court of appeals
Article 82. Amount of Costs · Last amended 1989 · Last verified July 21, 2026
In one sentenceCPLR 8204 sets the cost award on an appeal to the Court of Appeals at five hundred dollars unless the court awards a lesser amount.
Full Text of CPLR 8204
Plain-English Summary
CPLR 8204 mirrors the structure of CPLR 8203(a) but applies it to New York's highest court. An appeal to the Court of Appeals carries a default cost award of five hundred dollars, and the court retains discretion to award less. As with appeals to the Appellate Division, the statute does not provide a mechanism for the Court of Appeals to award more than the stated figure, only to reduce it.
The five hundred dollar amount sits above the two hundred fifty dollars set for Appellate Division appeals in CPLR 8203, reflecting the different level of the appeal. Read together with CPLR 8201 through 8203, these sections form a complete ladder of fixed cost figures running from motions, through trial-level proceedings, up to the state's court of last resort, with the amount generally increasing as the case moves to a higher tribunal.
Frequently Asked Questions
What is the cost award on an appeal to the Court of Appeals under CPLR 8204?
Five hundred dollars, unless the court awards a lesser amount. It is the highest fixed cost figure in Article 82.
Can the Court of Appeals award less than five hundred dollars in costs?
Yes. CPLR 8204 gives the court discretion to award a lesser amount than the five hundred dollar figure.
How does the CPLR 8204 amount compare to costs on other appeals?
Does CPLR 8204 decide whether costs are awarded on an appeal to the Court of Appeals?
No. The section fixes the amount if costs are awarded; whether an award is made at all depends on the discretion the court has to grant or deny costs generally.
Does CPLR 8204 provide for extra costs based on the length of the appeal?
No. The section states a single flat figure for the appeal, with no addition for how long the appeal was pending or how many terms it occupied.
Advisory Committee Notes
This section is based upon CPA § 1510. The term fee in subdivision 3 has been eliminated, in accordance with similar provisions eliminating trial and appellate division term fees. See notes to § 8201. Since the Court of Appeals has only one term a year, even stronger reasons exist for eliminating this obsolete provision in this area. Subd 4 of CPA § 1510 has also been deleted. It provided that the Court of Appeals, upon affirming a judgment, might have awarded “damages by way of costs for the delay” not exceeding ten per cent of the amount of the judgment. The subdivision was enacted in 1858. Laws 1858, c. 306, § 11. Since then, it has been mentioned in a reported decision only three times. In Tisdale v President, 116 NY 416 (1889), the court refused to apply it because the appeal was one which raised a debatable legal question. In Jackson v City of Rochester, 124 NY 624, 26 NE 326 (1891), and Cohen v Mayor, 128 NY 594, 27 NE 1074 (1891), however, the “damages” it allowed were awarded, because the appeals were groundless.
Those opinions indicate that subd 4 was intended to discourage frivolous appeals. It has apparently not been employed since 1891, however, and there is apparently little need for it. Frivolous appeals to the Court of Appeals do not appear to be a serious problem; moreover the respondent would seem to be adequately compensated “for the delay” by his six per cent interest on the judgment and by the undertaking which insures that he will be able to collect it.
Since 1943, the Court of Appeals has had discretion to deny costs in any case. See notes to § 8107. Where they were awarded, however, they must have been at the fixed rate of CPA § 1510. By contrast, this section’s fixed rate may be denied in part, allowing the Court greater flexibility. Cf. notes to § 8203.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1972, ch 734, § 8; L 1972, ch 735, § 6; L 1988, ch 101, § 4, eff Jan 1, 1989.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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