A petition is defined as what?

• A. A letter that requests relief.
• B. A subpoena.
• C. An informal request for relief.
• D. A verified application in the manner provided in CPLR 3020, requesting action upon a matter or relief provided for in the estates, powers and trusts law or this act.

Answer: (D)

In Surrogate’s Court practice, a petition is a verified written application filed with the court in the form and manner provided by CPLR 3020, seeking an order or action on a matter or relief under the Estates, Powers and Trusts Law or the Surrogate’s Court Procedure Act. Verification means the filing is sworn to be true, giving the petition factual credibility and enabling the court to take action. This formal mechanism is used for proceedings like probate, appointment of administrators or executors, and other relief under EPTL or SCPA. It’s not simply a letter requesting relief, nor is it a subpoena, which is a tool to compel testimony or the production of documents.