N.Y. Civil Practice Law & Rules § 7701: Special proceeding relating to express trust

§ 7701. Special proceeding relating to express trust. A special

proceeding may be brought to determine a matter relating to any express

trust except a voting trust, a mortgage, a trust for the benefit of

creditors, a trust to carry out any plan of reorganization of real

property acquired on foreclosure or otherwise of a mortgage or mortgages

against which participation certificates have been issued and guaranteed

by a corporation and for which the superintendent of financial services

has been or may hereafter be appointed rehabilitator or liquidator or

conservator, a trust to carry out any plan of reorganization pursuant to

sections one hundred nineteen through one hundred twenty-three of the

real property law or pursuant to section seventy-seven B of the national

bankruptcy act, and trusts for cemetery purposes, as provided for by

sections 8-1.5 and 8-1.6 of the estates, powers and trusts law.

Any party to the proceeding shall have the right to examine the

trustees, under oath, either before or after filing an answer or

objections, as to any matter relating to their administration of the

trust, in accordance with the provisions of article thirty-one.