2006 New York Code - Payment On Account Of Commissions

 
  § 2310. Payment on account of commissions
    1. At any time during the administration of an estate and irrespective
  of  the  pendency  of a particular proceeding a fiduciary may present to
  the court from which his letters issued a petition praying  that  he  be
  permitted  to  receive  a  sum on account of the commissions to which he
  would be entitled if he  were  then  filing  his  account  and  it  were
  judicially settled, which must show the facts upon which the application
  is founded.
    2.  If  the  application  be  entertained  process  shall issue to all
  persons whose rights or interests  would  be  affected  by  the  payment
  applied  for,  citing them to show cause why the relief requested be not
  granted.
    3. Upon the return of process the court may award a sum on account  of
  commissions or make such other order or decree, if any, as justice shall
  require.   The  payment  on  account  shall  not  exceed  the  receiving
  commissions due the fiduciary, except that the court may award a greater
  sum where all persons whose rights or  interests  are  affected  by  the
  payment  are  persons  under  no  legal  disability  and by acknowledged
  instrument consent thereto.
    4. The total expenses of the application shall be borne by the  person
  or  persons  to  whom  an  award  of  commissions may be made, or if the
  application be denied, by the petitioner personally.
    5. The order or  decree  authorizing  the  payment  on  account  shall
  require  the  fiduciary  to  file  a  bond  in the amount of the payment
  securing its return if and to the  extent  the  payment  is  disallowed,
  except  that  no  such  bond  shall  be required where the fiduciary has
  already filed a bond pursuant to law or  is  a  corporate  fiduciary  or
  where  all  persons  whose  rights or interests would be affected by the
  payment are persons  under  no  legal  disability  and  by  acknowledged
  instrument  consent  to  waive  a  bond  or  where the will specifically
  dispenses with such a bond.