N.Y. Surrogate's Court Procedure Act § 1128: Administrative board for the offices of the public administrators 1

§ 1128. Administrative board for the offices of the public

administrators

1. An administrative board for the offices of the public

administrators of the state of New York is hereby created. The board

shall consist of thirteen members of whom five shall be surrogate court

judges, one each selected by the presiding justice of the appellate

divisions of the first, third and fourth departments and two selected by

the presiding justice of the appellate division of the second department

of whom one shall be a surrogate from a county within the city of New

York and one shall be a surrogate from a county outside the city of New

York, three members shall be selected by the chief administrative judge

of the state of New York, two members shall be selected by the president

of the New York state bar association of whom one shall be a resident of

the city of New York and one member each shall be selected by the state

comptroller, the attorney general and the president of the New York

state surrogates' association. The three members selected by the chief

administrative judge of the state of New York, and the members selected

by the state comptroller, the attorney general, and the president of the

New York state bar association, shall not be surrogate court judges or

employees of the surrogates court. Each member shall serve without

compensation but shall be reimbursed for expenses actually and

necessarily incurred in the performance of his or her official duties

for the board from the moneys appropriated to the office of court

administration. Notwithstanding any inconsistent provisions of this or

any other law, general, special or local, no officer or employee of the

state or any public corporation, as defined in article two-A of the

general construction law, shall be deemed to have forfeited or shall

forfeit his or her office or employment or any benefits provided under

the retirement and social security law or under any public retirement

system maintained by the state or any of its subdivisions by reason of

his or her being a member of the board.

2. The board shall establish guidelines and uniform fee schedules for

the operation of the offices of public administrators. These guidelines

shall include but are not limited to rules for the initial inspection of

the decedent's premises and guidelines for the selection and

compensation of investigators, appraisers, accountants, warehouses,

auctioneers and procedures for the disposal of personal property. With

respect to real property the board shall be responsible for preparing

uniform procedures for sale; fixing a schedule of approved expenses

attendant to such a sale; appraisals, title fees and broker's

commissions. This section shall apply to article twelve of this act.