2006 New York Code - Action Or Proceeding On Bond; Disposition Of Proceeds; Summary Determination In Certain Cases

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  removed, or his letters have been revoked and if no successor  has  been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