N.Y. Civil Practice Law & Rules § 1201: Representation of infant, incompetent person, or conservatee

§ 1201. Representation of infant, incompetent person, or conservatee.

Unless the court appoints a guardian ad litem, an infant shall appear by

the guardian of his property or, if there is no such guardian, by a

parent having legal custody, or, if there is no such parent, by another

person or agency having legal custody, or, if the infant is married, by

an adult spouse residing with the infant, a person judicially declared

to be incompetent shall appear by the committee of his property, and a

conservatee shall appear by the conservator of his property. A person

shall appear by his guardian ad litem if he is an infant and has no

guardian of his property, parent, or other person or agency having legal

custody, or adult spouse with whom he resides, or if he is an infant,

person judicially declared to be incompetent, or a conservatee as

defined in section 77.01 of the mental hygiene law and the court so

directs because of a conflict of interest or for other cause, or if he

is an adult incapable of adequately prosecuting or defending his rights.