§ 799-a. Notice of application for remission and discharge and costs
on remission. An application for an order, as prescribed in section
seven hundred and ninety-eight, cannot be heard, until such notice
thereof as the court deems reasonable, has been given to the
district-attorney of the county, and until he has had an opportunity to
examine the matter, and prepare to resist the application. And upon
granting such an order, the court must always impose, as a condition
thereof, the payment of the costs and expenses, if any, incurred in an
action or special proceeding for the collection of the fine, or the
penalty of the recognizance.