§ 1722 — Proceedings where account defective 1

New York § 1722

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 17: Guardians and Custodians

Text

§ 1722. Proceedings where account defective\n 1. If it appears to the court upon an examination made as prescribed\nin the preceding section or by the report of the special examiner that a\nguardian of an infant's property has omitted to file his annual account\nor the affidavit relating thereto as prescribed in this article or if\nthe court deems that the interest of the infant requires that the\nguardian render a more full or satisfactory account or where the court\nhas reason to believe that sufficient cause exists for the guardian's\nremoval, it may appoint a guardian ad litem for the infant for the\npurpose of filing a petition in his behalf for the removal of the\nguardian and prosecuting the proceeding for that purpose.\n 2. In a case specified in subdivision 1 where a special examiner has\nbeen appointed the court may appoint such examiner guardian ad litem for\nthe infant and authorize him to procure the filing of an amended or\nproper account and to prosecute a proceeding for the removal of the\nguardian when necessary.\n 3. In all cases of examination or prosecution as provided in this\nsection the court shall fix the compensation of the special examiner and\nguardian ad litem and may make an order charging it in whole or in part\nupon the guardian personally, the funds in his hands or upon the county,\nin which latter case it shall certify the items thereof to the treasurer\nof the county or the chief fiscal officer thereof or in the city of New\nYork to the proper officers and they shall be audited and paid as other\ncounty or city charges.\n