GUARDIANSHIP CASES AND FIDUCIARY ACCOUNTINGS

Concerning: Mental Hygiene Law Article 81 Matters  /  Receiverships, Trust Accountings and General Assignments  /  

A. GUARDIANSHIP (ARTICLE 81) MATTERS

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B. RECEIVERSHIP AND TRUST ACCOUNTINGS AND GENERAL ASSIGNMENTS FOR THE BENEFIT OF CREDITORS

The Guardianship and Fiduciary Support Office (Room 148) handles receivership and trust accountings, and final accounts in general assignments for the benefit of creditors. Likewise, all long form orders disposing of motions to settle such accountings are to be settled in Room 148.

 Fiduciaries must pay close attention not only to the authority granted to them in the order of appointment, but also to the law and rules governing these assignments, appointments, filings, etc. Fiduciaries must comply with the requirements set out in Parts 26 and 36 of the Rules of the Chief Judge and Judiciary Law 35-a. In addition to other authority, receivers should follow CPLR Article 64, CPLR 8004, BCL Article 12, and Uniform Rule 202.52; assignees should follow the Debtor and Creditor Law and Uniform Rule 202.63; and trustees should follow CPLR Article 77 and Uniform Rule 202.53.

February 2007

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