N.Y. Comp. Codes R. & Regs. tit. 22 § 207.18

Current through Register Vol. 46, No. 19, May 8, 2024

Section 207.18 - Use of virtual representation

(a) In any accounting proceeding where representation is to be utilized pursuant to subdivision 5 of SCPA 315, an affidavit of the petitioner or petitioner's attorney, and of the representor, must be submitted setting forth the following information:

(1) In the affidavit of the petitioner or petitioner's attorney:

(i) the name, address and the interest in the estate of the representor;

(ii) the name, address and the interest in the estate of the representees; and

(iii) the statutory basis for the use of virtual representation.

(2) In the affidavit of the representor:

(i) that the representor has fully reviewed the proceedings;

(ii) the steps taken by the representor to adequately represent the interest of the representees in order to make a considered judgment whether to appear, default, acquiesce or contest the proceedings; and

(iii) that the representor has no conflict of interest in adequately representing the representees.

(b) If the court in any other proceeding, or in an accounting proceeding in circumstances other than set forth in subdivision (a) of this section, questions adequacy of representation by the representor, it may direct the filing of the affidavits set forth in subdivision (a).

N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.18