N.Y. Surrogate's Court Procedure Act § 1110: Responsibility of the city 1

§ 1110. Responsibility of the city

1. The city of New York shall be answerable for the faithful

execution by the public administrator of all the duties of his office

and for the application by him of all moneys and property received by

him and for all moneys and securities and the interest, earnings and

dividends thereon actually received by him or which he should have

collected or received.

2. From all such sums paid into the city treasury the city may deduct

any charges or commissions thereon which are now or may hereafter be

authorized by law.

3. Any person aggrieved by any act or omission of a public

administrator and any person entitled to receive any money or property

for which the public administrator may be held to account, shall have

each and every remedy against the city of New York as would be available

against a fiduciary in like case and may initiate in the surrogate's

court having jurisdiction a proceeding for the enforcement of his claim

or right and shall serve process thereon on the comptroller of the city.

The public administrator then in office shall be a necessary party in

such proceeding.