The procedure adopted by plaintiff with respect to the costs taxed was without authority, as was the order appealed from, which purported to direct the clerk to "retax" the judgments. Plaintiff's remedy, under the circumstances disclosed by the record, was to move to retax costs pursuant to section 1535 or section 1536 of the Civil Practice Act. ( Leonard v. Columbia Steam Navigation Co., 84 N.Y. 48; Empire Produce Co. v. Allen, 130 Misc. 155.)
(Civ. Prac. Act, ยง 1504, subd. 3, par. h; Burns v. Delaware, Lackawanna Western R.R. Co., 135 N.Y. 268, 272 et seq.; Empire Produce Co. v. Allen, 130 Misc. 155; and, cf., Purvin v. Grey, 73 N.Y.S.2d 563.)