
    In the Matter of the Estate of Andrew Hood, Deceased, William Hood et al., App’lts.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed June 25,1888.)
    
    ■Costs—Meaning op reversal with costs in court op appeals.
    If the court of appeals reverses the decision of the court below with costs, in a case where costs are discretionary, it means costs 'of the court of appeals only, and the lower court has no power to allow other costs after such a disposition of the case.
    Appeal from the following provisions of an order made in an accounting at the Westchester county special term, ■dated the 9th day of June, 1883, viz:
    Second.—It is ordered and adjudged further that the defendant Frederick Hood, do recover of the petitioners herein, William Hood and Annie Hood, the costs of this proceeding, including costs of said appeal to the court of appeals, and of the said appeal to the general term of the supreme court, and of the proceedings had in the surrogate’s court to be taxed and adjusted by the clerk of Westchester county, and that he have judgment and execution therefor or otherwise collect the same according to law,” excepting so much thereof which adjudges costs of the appeal to the court of appeals to said Frederick Hood.
    
      Roe & Macklin, for app’lts; Edward P. Wilder, for resp’ts.
   Pratt, J.

This is an appeal from an order allowing costs. The court of appeals reversed the case with costs. The case was one where costs were discretionary.

This decision of the court of appeals meant costs in that court only, and the supreme court had no power to allow costs after such a disposition of the case. In re Water Commissioners, (104 N. Y., 677; 5 N. Y. State Rep., 744), and cases there cited.

This decision disposes of the matter. The order must be ¿reversed, with costs and disbursements.

Barnard, P. J., concurs; Dykman, J., not sitting.  