Contested Accounting Proceedings in Surrogate's Court
Wednesday, May 15, 2013
- Location -
Holiday Inn Rochester Airport
911 Brooks Avenue
Rochester, NY 14624
Can't make this location/date? A webcast option is
available on May 30, 2013. Click here
Co-sponsored by the Trusts and Estates Law Section and
the Committee on Continuing Legal Education
4.5 TOTAL CREDITS 4.0 credit hours of
professional practice and/or practice management; 0.5 of ethics.
This advanced-level course has been approved for MCLE credit in New York
for all attorneys, except those who are newly admitted (less than 24
This practical half-day course will focus on the heart of a contested
accounting—proceedings pursuant to SCPA 2211, including objections
and trial thereunder—that many trusts and estates practitioners,
and litigators, will face at some time in their careers.
The program is not a primer on accounting proceedings, but rather is
aimed at estate planners or litigators who need to know more about
recommended, hands-on techniques and approaches in handling a contested
accounting—from initial considerations (who can be examined, how
to request and prepare for a 2211 examination, over what and how to make
objections)—and then through the trial stage, including motion
practice, stating and framing issues, the burden of proof, and handling
The program faculty at each location will include those who have
handled and been through these proceedings and can share their
experiences and tips with you.
I. THE COMPULSORY ACCOUNTING PROCEEDING
A. Standing to bring the
B. Necessary parties
C. Contents of petition
E. Remedy for failing to file
II. THE ACCOUNTING AND PETITION
A. Necessary parties
B. Virtual representation
C. Necessity for and role of
Guardian ad Litem
D. Contents of petition
E. Preparation of the accounting
F. The schedules
III. THE 2211 EXAMINATION
A. Purpose of 2211 examination
B. What should be considered before
commencing a 2211 examination?
C. Who can be examined?
D. Who can make the request for a
E. When is the request for a 2211
F. How is the request made?
G. Document requests
H. How to Prepare for a 2211
I. Other discovery following
IV. MOCK 2211 EXAMINATION - MATERIALS TO BE
A. Time for filing
B. Form of objections
C. Specific objections
A. Dispositive motion practice
B. Jury vs. non-jury trials
C. Statement of issues/Order framing
D. Burden of proof
E. Burden of going forward
F. Expert witnesses
G. Surcharge/denial of
VII. ETHICAL CONSIDERATIONS
A. Multiple representation of
B. Multiple representation of
Barbara R. H. James, Esq. (Chair and Moderator)
Harris Beach PLLC
Anthony J. Adams, Jr., Esq.
Adams Bell Adams, P.C.
Anthony T. Lee, Esq.
Harter Secrest & Emery LLP
Anthony T. Selvaggio, Esq. Jill M. Cicero &
Laura W. Smalley, Esq.
Harris Beach PLLC
Overall Statewide Planning
Frank W. Streng, Esq.
McCarthy Fingar LLP
(Chair, CLE Committee, Trusts and Estates Law Section)
Sylvia E. Di Pietro, Esq. Law Office of Sylvia
E. Di Pietro, Esq., LLC
New York City
(Vice-Chair, CLE Committee, Trusts and Estates Law Section)
Prior to a scheduled program date, all registrants will receive an
email message containing a hyperlink that when clicked will provide you
with access to the complete course materials in a searchable PDF format
which can be downloaded to your computer using the “Save As”
option under your “File” tab. Printing the complete
materials is not required for attending the program. Online materials
are updated periodically to reflect last minute submissions from program
faculty, guaranteeing that you will always have the latest version of
Traditional printed course books may be ordered at the program site
for a discounted price and will be shipped subsequent to the program
From the NYS Thruway (Route 90) Exit the New York State Thruway (coming
East or West) at Exit 46-Rochester. At the exit take Interstate 390
North. Remain on Interstate 390, and exit 18A (Brooks Avenue East). Make
a right at the exit and an immediate right into the driveway of the
Holiday Inn Airport. Approximately 15 minutes. From Downtown Rochester
take Interstate 490 West to Interstate 390 South. Take Exit 18A (Brooks
Avenue East). Remain in the right hand lane and make a right into the
driveway of the Holiday Inn Airport. Approximately 10 minutes. From the
Greater Rochester International Airport at the exit of the Airport
Complex, make a right at the light (Brooks Avenue). Remian in the right
hand lane and make a right into the driveway of the Holiday Inn Airport.
Approximately 2 minutes.
The last day to pre-register online was May 14, 2013.
Accommodations for Persons with Disabilities: NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please
contact Cindy O'Brien at 800-582-2452 or firstname.lastname@example.org.
NEW YORK STATE BAR ASSOCIATION, ONE ELK STREET, ALBANY, NY 12207 PH: (518) 463-3200 SECURE FX: (518) 463-5993