N.Y. CPLR § 7701

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7701 Special proceeding relating to express trust § 7701. Special proceeding relating to express trust. A specialproceeding may be brought to determine a matter relating to any expresstrust except a voting trust, a mortgage, a trust for the benefit ofcreditors, a trust to carry out any plan of reorganization of realproperty acquired on foreclosure or otherwise of a mortgage or mortgagesagainst which participation certificates have been issued and guaranteedby a corporation and for which the superintendent of financial serviceshas been or may hereafter be appointed rehabilitator or liquidator orconservator, a trust to carry out any plan of reorganization pursuant tosections one hundred nineteen through one hundred twenty-three of thereal property law or pursuant to section seventy-seven B of the nationalbankruptcy act, and trusts for cemetery purposes, as provided for bysections 8-1.5 and 8-1.6 of the estates, powers and trusts law.Any party to the proceeding shall have the right to examine thetrustees, under oath, either before or after filing an answer orobjections, as to any matter relating to their administration of thetrust, in accordance with the provisions of article thirty-one.