N.Y. Surrogate's Court Procedure Act § 1722: Proceedings where account defective 1

§ 1722. Proceedings where account defective

1. If it appears to the court upon an examination made as prescribed

in the preceding section or by the report of the special examiner that a

guardian of an infant's property has omitted to file his annual account

or the affidavit relating thereto as prescribed in this article or if

the court deems that the interest of the infant requires that the

guardian render a more full or satisfactory account or where the court

has reason to believe that sufficient cause exists for the guardian's

removal, it may appoint a guardian ad litem for the infant for the

purpose of filing a petition in his behalf for the removal of the

guardian and prosecuting the proceeding for that purpose.

2. In a case specified in subdivision 1 where a special examiner has

been appointed the court may appoint such examiner guardian ad litem for

the infant and authorize him to procure the filing of an amended or

proper account and to prosecute a proceeding for the removal of the

guardian when necessary.

3. In all cases of examination or prosecution as provided in this

section the court shall fix the compensation of the special examiner and

guardian ad litem and may make an order charging it in whole or in part

upon the guardian personally, the funds in his hands or upon the county,

in which latter case it shall certify the items thereof to the treasurer

of the county or the chief fiscal officer thereof or in the city of New

York to the proper officers and they shall be audited and paid as other

county or city charges.