N.Y. Surr. Ct. Proc. Act § 1128

Current through 2024 NY Law Chapter 553
Section 1128 - Administrative board for the offices of the public administrators
1. An administrative board for the offices of the public administrators of the state of New York is hereby created. The board shall consist of thirteen members of whom five shall be surrogate court judges, one each selected by the presiding justice of the appellate divisions of the first, third and fourth departments and two selected by the presiding justice of the appellate division of the second department of whom one shall be a surrogate from a county within the city of New York and one shall be a surrogate from a county outside the city of New York, three members shall be selected by the chief administrative judge of the state of New York, two members shall be selected by the president of the New York state bar association of whom one shall be a resident of the city of New York and one member each shall be selected by the state comptroller, the attorney general and the president of the New York state surrogates' association. The three members selected by the chief administrative judge of the state of New York, and the members selected by the state comptroller, the attorney general, and the president of the New York state bar association, shall not be surrogate court judges or employees of the surrogates court. Each member shall serve without compensation but shall be reimbursed for expenses actually and necessarily incurred in the performance of his or her official duties for the board from the moneys appropriated to the office of court administration. Notwithstanding any inconsistent provisions of this or any other law, general, special or local, no officer or employee of the state or any public corporation, as defined in article two-A of the general construction law, shall be deemed to have forfeited or shall forfeit his or her office or employment or any benefits provided under the retirement and social security law or under any public retirement system maintained by the state or any of its subdivisions by reason of his or her being a member of the board.
2. The board shall establish guidelines and uniform fee schedules for the operation of the offices of public administrators. These guidelines shall include but are not limited to rules for the initial inspection of the decedent's premises and guidelines for the selection and compensation of investigators, appraisers, accountants, warehouses, auctioneers and procedures for the disposal of personal property. With respect to real property the board shall be responsible for preparing uniform procedures for sale; fixing a schedule of approved expenses attendant to such a sale; appraisals, title fees and broker's commissions. This section shall apply to article twelve of this act.

N.Y. Surr. Ct. Proc. Act Law § 1128