§ 1215 — When authorized to receive process or appear 1

New York § 1215

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 12: Public Administrators In the Counties of Erie, Monroe, Nassau, Onondaga, Suffolk and Westchester and County Treasurers Appointed Administrators

Text

§ 1215. When authorized to receive process or appear\n 1. The public administrator may be authorized by the court to receive\nprocess or other notice as a necessary party in the following\nproceedings:\n (a) Any proceeding pending in the court where service of process or\nnotice of or in behalf of any known or unknown persons is directed by\nthe court or where the court by order directs the public administrator\nto appear therein.\n (b) Every proceeding for the appointment of an administrator or for\nthe probate of a will where it appears that the persons applying or\nnamed in the petition are not all of the distributees of the decedent or\nwhere it appears that such persons are related to the decedent in the\nfourth degree of consanguinity or are more remotely related.\n (c) Every proceeding to effect distribution of moneys or property to\nbe deposited or deposited for the account of unknown persons or of\ninfants or incompetents, of known persons whose residences are unknown\nor of known persons whose shares were deposited pursuant to 2218. In any\nsuch proceeding when so authorized the public administrator shall be\ndeemed an interested party.\n 2. In all such proceedings the public administrator, in his\ndiscretion, may take any action in behalf of such person or persons as a\nparty interested might.\n 3. Whenever a public administrator acts pursuant to this section he\nshall be allowed by the court his proper expenses and his counsel shall\nbe allowed his reasonable fee. Such expenses and fee shall be payable\neither from the estate generally or from the shares or interests of the\nrespective persons represented by the public administrator, as may be\ndirected by the court.\n