N.Y. Comp. Codes R. & Regs. Tit. 22 § 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).
Notes
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