{"jurisdiction": "us-ny", "code": "scpa", "section": "712", "citation": "SCPA § 712", "heading": "Petition; process thereupon; suspension A petition as prescribed in the preceding section must show that the case is one therein specifie...", "text": ["§ 712. Petition; process thereupon; suspension", "A petition as prescribed in the preceding section must show that the case is one therein specified and, if entertained, process must be issued according to the prayer thereof to the fiduciary against whom relief is sought and to such other persons as the court may direct.", "Upon the issuance of process the court may by order suspend the respondent wholly or partly from the exercise of his powers and authority during the pendency of the proceeding.  A certified copy of the order so made must be served with the process, but from the time it is made, the order is binding upon the respondent and upon all other persons, without service thereof, subject to the exceptions and limitations prescribed in 720 and 721."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/712", "from_official_api": true, "plain_english": "A petition under the preceding section must **show a listed ground**, and if the court entertains it, process must issue to the challenged fiduciary and anyone else the court directs. Once process issues, the court may **suspend some or all of the fiduciary’s powers while the case is pending**. ★ The suspension order is **binding from the moment it is made, even before service**, subject to **§§ 720 and 721**, although a certified copy must accompany the process. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/712", "publisher": "Elyphived LLC"}