N.Y. Jud. Law § 799-a

§ 799-a. Notice of application for remission and discharge and costs\non remission. An application for an order, as prescribed in section\nseven hundred and ninety-eight, cannot be heard, until such notice\nthereof as the court deems reasonable, has been given to the\ndistrict-attorney of the county, and until he has had an opportunity to\nexamine the matter, and prepare to resist the application. And upon\ngranting such an order, the court must always impose, as a condition\nthereof, the payment of the costs and expenses, if any, incurred in an\naction or special proceeding for the collection of the fine, or the\npenalty of the recognizance.\n