Legislation
SECTION 802
Approval and filing of bonds; designation of clerk 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 8
§ 802. Approval and filing of bonds; designation of clerk
1. All bonds must be approved by the court. The court may by order
authorize one or more clerks or law assistants to approve bonds.
Approval of a bond must be endorsed thereon and when so endorsed the
bond must be filed in the court.
2. Each surety on a bond shall file an acknowledged instrument stating
his domiciliary address and designating the chief clerk of court and his
successors in office as a person upon whom any process of any court of
the state may be served in any action or proceeding relating to the bond
with like effect as if served personally upon the surety whenever the
surety after due diligence cannot be found and served within the state
of New York.
3. A corporate surety licensed to transact business in the state shall
be deemed to have complied with the requirements of this section if it
has filed or does file one acknowledged instrument which applies to all
bonds of the corporate surety filed and approved after the date of the
filing and which by its term is of indefinite duration and irrevocable.
4. The filing of a designation by a corporate surety shall have the
same effect as if a separate designation had been filed with each bond
to which it is a party.
1. All bonds must be approved by the court. The court may by order
authorize one or more clerks or law assistants to approve bonds.
Approval of a bond must be endorsed thereon and when so endorsed the
bond must be filed in the court.
2. Each surety on a bond shall file an acknowledged instrument stating
his domiciliary address and designating the chief clerk of court and his
successors in office as a person upon whom any process of any court of
the state may be served in any action or proceeding relating to the bond
with like effect as if served personally upon the surety whenever the
surety after due diligence cannot be found and served within the state
of New York.
3. A corporate surety licensed to transact business in the state shall
be deemed to have complied with the requirements of this section if it
has filed or does file one acknowledged instrument which applies to all
bonds of the corporate surety filed and approved after the date of the
filing and which by its term is of indefinite duration and irrevocable.
4. The filing of a designation by a corporate surety shall have the
same effect as if a separate designation had been filed with each bond
to which it is a party.