§ 2101 — General provisions Unless otherwise indicated 1

New York § 2101

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 21: Miscellaneous Proceedings

Text

§ 2101. General provisions\n Unless otherwise indicated\n 1. All proceedings under this article and all proceedings within the\njurisdiction of the court under 202\n (a) May be commenced by a fiduciary, creditor or person interested.\n (b) May be entertained by the court or may be reserved for\ndetermination in an accounting or other proceeding or the court may\ndecline to entertain the proceeding. All proceedings shall be deemed\nentertained unless rejected by the court in writing within 15 days of\nsubmission.\n (c) Shall be commenced by petition, or any other pleading directed by\nthe court, stating the jurisdictional facts and the facts applicable to\nthe particular relief sought.\n 2. The jurisdiction of the court over the proceeding shall be deemed\nto continue until a decree or order therein is fully satisfied.\n 3. If the petition or other pleading is entertained service of process\nshall be made upon all persons interested in the proceeding and upon\nsuch other persons as directed by the court except that in any\nproceeding against a fiduciary under 2102 service shall be made only\nupon the fiduciary unless the court otherwise directs.\n 4. In any such proceeding the court may grant appropriate relief,\ngrant or deny the relief in whole or in part upon such terms as it deems\nproper and make such decree or order as justice shall require and may\nrequire a refunding bond.\n