Legislation
SECTION 1128
Administrative board for the offices of the public administrators 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 11
§ 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.
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.