A petition by a trustee praying that his intermediate or final account be judicially settled shall be accompanied by an account verified in the form required by section twenty-two hundred nine of the surrogate’s court procedure act.
§ 7702.Verified account accompanying petition.
Article 77. Proceeding Relating to Express Trust · Last amended 1970 · Last verified July 21, 2026
In one sentenceCPLR 7702 requires a trustee's petition to judicially settle an intermediate or final account to be accompanied by a verified account in the form required under the surrogate's court procedure act.
Full Text of CPLR 7702
Plain-English Summary
When a trustee asks the court to judicially settle an intermediate or final account, that petition can't stand alone. CPLR 7702 requires it to come with a verified account, and the form of that account has to follow section twenty-two hundred nine of the surrogate's court procedure act. Rather than writing a separate accounting format for Article 77 proceedings, the CPLR borrows the format already used in surrogate's court practice.
That cross-reference keeps trust accountings consistent regardless of which court hears the matter, so a trustee moving between a special proceeding under Article 77 and a surrogate's court accounting doesn't have to learn two different formats for the same kind of document.
Frequently Asked Questions
What must accompany a trustee's petition to settle an account under CPLR 7702?
A verified account, in the form required by section twenty-two hundred nine of the surrogate's court procedure act.
Why does CPLR 7702 point to the surrogate's court procedure act instead of setting its own format?
It keeps the accounting format consistent with the one already used in surrogate's court practice, rather than creating a separate standard just for Article 77 proceedings.
Does CPLR 7702 apply to both intermediate and final accounts?
Yes. It covers a petition asking the court to judicially settle either an intermediate or a final account.
Does the verified account have to be a separate document from the petition?
Yes. CPLR 7702 treats the verified account as something that accompanies the petition, not something built into the petition itself.
What happens if a trustee's petition isn't accompanied by a properly verified account?
The petition doesn't satisfy CPLR 7702's requirement, since the section conditions a judicial settlement petition on an account verified in the form the surrogate's court procedure act requires.
Advisory Committee Notes
This section is CPA § 1310 with minor changes in language.
Amendment History
Add, L 1962, ch 308; amd, L 1970, ch 348 § 1, eff Sept 1, 1970.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: verified trustee account New Yorktrustee accounting petition formintermediate account express trust