N.Y. CVP Law § 2510

§ 2510. Discharge of surety on the undertaking of a fiduciary. (a)\nMotion; new undertaking; accounting. Surety on the undertaking of any\nfiduciary may move with notice to the person upon whose behalf the\nundertaking was given, to be discharged from liability for any act or\nomission of such fiduciary subsequent to the order of the court or the\ntime when a new undertaking satisfactory to the court is filed. The\ncourt may restrain such fiduciary from acting pending the order\ndischarging such surety from liability. Upon the hearing, the court\nshall order the fiduciary to give a new undertaking and to account,\nwithin such time as the court orders but not exceeding twenty days, for\nall his acts. If a new undertaking is filed the fiduciary shall account\nfor his acts up to and including the date of such filing. Where the\nfiduciary does not comply with the order to account, the surety may make\nand file such account with the same effect as though filed by the\nfiduciary, and may utilize any disclosure device in obtaining\ninformation necessary for such an accounting. The court shall make such\nprovisions with respect to commissions, allowances, disbursements and\ncosts as it deems just.\n (b) Settlement of account. When such account has been filed, the\ncourt, upon sufficient notice, shall order all persons interested in the\nproceedings to attend a settlement of the account at a time and place\nspecified, and such settlement shall be made and the rights and\nliabilities of all parties to the proceeding shall be determined and\nenforced. After settlement of the account, the court shall make an order\nrelieving the surety from any act or omission of the fiduciary\nsubsequent to the date of such order or the time when a new undertaking\nsatisfactory to the court was filed, whichever is earlier. Upon written\ndemand by the fiduciary, the surety shall return any compensation paid\nfor the unexpired portion of such suretyship.\n