In a Mental Hygiene Law Article 81 adult guardianship proceeding, most Courts require motions to settle a guardian’s final report or final account be made by Order to Show Cause. The same can be said for interim motions in adult guardianship proceedings.

In Nassau County Supreme Court, however, motions to settle a final account must be made by notice of motion. This is a “principal exception” to the general rule in Nassau County that most motions in adult guardianship proceedings be made by Order to Show Cause, or “OSC”.

I recently filed a motion in Nassau County Supreme Court via NYSCEF and the Clerk sent me the following message.

The court has returned the documents listed below for the following reasons: Please re-submit as an Order to Show Cause (OSC). Most motions that request a hearing in Nassau County guardianship are done as OSCs. The principal exception is Notice of Motion to Settle a Final Account.