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This entry was published on 2014-09-22
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Proceedings where account defective 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17
§ 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.