New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 207 - Uniform Rules For The Surrogate's Court
Section 207.18 - Use of virtual representation
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 207.18
Current through Register Vol. 46, No. 12, March 20, 2024
(a) In any accounting proceeding where representation is to be utilized pursuant to subdivision 5 of SCPA 315, an affidavit of the petitioner or petitioner's attorney, and of the representor, must be submitted setting forth the following information:
(1) In the affidavit of the
petitioner or petitioner's attorney:
(i) the name, address and the interest in
the estate of the representor;
(ii) the name, address and the interest
in the estate of the representees; and
(iii) the statutory basis for the use of
virtual representation.
(2) In the affidavit of the representor:
(i) that the representor has
fully reviewed the proceedings;
(ii) the steps taken by the representor
to adequately represent the interest of the representees in order to make a
considered judgment whether to appear, default, acquiesce or contest the
proceedings; and
(iii)
that the representor has no conflict of interest in adequately representing the
representees.
(b) If the court in any other proceeding, or in an accounting proceeding in circumstances other than set forth in subdivision (a) of this section, questions adequacy of representation by the representor, it may direct the filing of the affidavits set forth in subdivision (a).
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