N.Y. Educ. Law § 3810

§ 3810. No costs to plaintiffs in certain cases. 1. In any action\nagainst school officers, including supervisors of towns, in respect to\ntheir duties and powers under this chapter, for any act performed by\nvirtue of or under the color of their offices, or for any refusal or\nomission to perform any duty enjoined by law, and which might have been\nthe subject of an appeal to the commissioner of education, no costs\nshall be allowed to the plaintiff, in cases where the court shall\ncertify that it appeared on the trial that the defendants acted in good\nfaith.\n 2. The provision of subdivision one of this section shall not extend\nto suits for penalties, nor to suits or proceedings to enforce the\ndecisions of the commissioner of education.\n