N.Y. Surrogate's Court Procedure Act § 809: Action or proceeding on bond; disposition of proceeds; summary determination in certain cases 1

§ 809. Action or proceeding on bond; disposition of proceeds; summary

determination in certain cases

1. When permitted. An action or proceeding on a fiduciary's bond may

be brought in either of the following cases if leave of the court by

motion on notice to the surety is granted:

(a) by a person having a judgment or decree against the fiduciary

which remains unsatisfied after the expiration of 10 days from date of

entry;

(b) by the fiduciary's successor or if the fiduciary has died, been

removed, or his letters have been revoked and if no successor has been

appointed, by any aggrieved person, for the recovery of any money or

property received by the fiduciary and not duly administered by him or

for an injury to the estate caused by his act or omission.

2. Disposition of proceeds. The decree or judgment in the action or

proceeding on the bond shall provide for the disposition of any proceeds

that may be recovered in the action or proceeding.

3. Summary determination in certain cases. Where a decree has been

made directing payment by a fiduciary and payment has not been made

within 10 days after date of entry, any person in whose favor the decree

was rendered may as an alternative to an action or proceeding on the

bond as provided in subdivision 1 seek a summary determination of the

surety's liability in the court making the decree. Process shall issue

to the surety and such other persons as the court may direct. Upon the

return of process the court may conduct such proceedings and make such

decree or order as justice shall require.