N.Y. Civil Practice Law & Rules § 1207: Settlement of action or claim by infant, judicially declared incompetent or conservatee, by whom motion made; special proceeding; notice;...

§ 1207. Settlement of action or claim by infant, judicially declared

incompetent or conservatee, by whom motion made; special proceeding;

notice; order of settlement. Upon motion of a guardian of the property

or guardian ad litem of an infant or, if there is no such guardian, then

of a parent having legal custody of an infant, or if there is no such

parent, by another person having legal custody, or if the infant is

married, by an adult spouse residing with the infant, or of the

committee of the property of a person judicially declared to be

incompetent, or of the conservator of the property of a conservatee, the

court may order settlement of any action commenced by or on behalf of

the infant, incompetent or conservatee. If no action has been commenced,

a special proceeding may be commenced upon petition of such a

representative for settlement of any claim by the infant, incompetent or

conservatee in any court where an action for the amount of the proposed

settlement could have been commenced. Unless otherwise provided by rule

of the chief administrator of the courts, if no motion term is being

held and there is no justice of the supreme court available in a county

where the action or an action on the claim is triable, such a motion may

be made, or special proceeding may be commenced, in a county court and

the county judge shall act with the same power as a justice of the

supreme court even though the amount of the settlement may exceed the

jurisdictional limits of the county court. Notice of the motion or

petition shall be given as directed by the court. An order on such a

motion shall have the effect of a judgment. Such order, or the judgment

in a special proceeding, shall be entered without costs and shall

approve the fee for the infant's, incompetent's or conservatee's

attorney, if any.