N.Y. SCP Law § 2206

§ 2206. Compulsory account and related relief; proceedings thereupon\n 1. A petition to compel an account made pursuant to 2205 may request\nmultiple relief (a) pursuant to 711 and 719 to suspend and/or remove a\nfiduciary who fails to appear on the return date of process or fails to\nfile an account within such time and in such manner as directed by the\ncourt; (b) to appoint, immediately, an eligible person to succeed a\nfiduciary whose letters have been suspended or revoked; and (c) to take\nand state an account on behalf of a fiduciary who fails to account and\nprocure its settlement.\n 2. On the presentation of a petition made pursuant to 2205 or when so\ndirected by the court, process, including a summary statement of any\nproposed stated account, shall issue to the fiduciary accordingly and on\nthe return thereof if the fiduciary fails to appear or to file an\naccount or to show good cause to the contrary or to present a petition\nas prescribed in 2208 the court may by order direct the fiduciary to\naccount within the time and in the manner directed by the court, to\ncause process to issue requiring all persons necessary to be served\nunder 2210 to show cause why the account should not be judicially\nsettled, cause such process to be served upon such persons and that the\nfiduciary attend before the court from time to time for the purpose of\nthe settlement of the account. In addition, the order may (a)\nimmediately suspend the letters of a fiduciary who fails to appear on\nthe return date of process or who fails to file an account within such\ntime and in such manner as directed by the court, (b) immediately\nappoint an eligible person to succeed a fiduciary whose letters are\nsuspended, (c) schedule a hearing for the modification or revocation of\nthe letters of a fiduciary whose letters are suspended, and (d) schedule\na hearing to take and state an account on behalf of a fiduciary who\nfails to file an account and procure its settlement. Such order shall\nalso direct the issuance of supplemental process to such persons\nentitled to notice on an application to suspend, modify or revoke a\nfiduciary's letters, to appoint a successor fiduciary or to settle a\nfiduciary's account.\n 3. The pendency of a proceeding against a fiduciary to compel an\naccounting does not preclude the fiduciary from presenting a petition as\nprescribed in 2208. If such petition is presented on or before the\nreturn of process as prescribed herein, process issued thereon need not\nbe directed to the petitioner who compelled the accounting, and the two\nproceedings must be consolidated.\n 4. After hearing the proofs of the parties the court may take and\nstate the account and make such order or decree as justice shall\nrequire, notwithstanding the failure or refusal of the fiduciary to file\nsuch account and procure its settlement.\n