N.Y. Estates, Powers & Trusts Law § 13-3.5: Action or proceeding by foreign personal or other legal

§ 13-3.5 Action or proceeding by foreign personal or other legal

representative

(a) A personal or other legal representative of a non-domiciliary

decedent, duly appointed or authorized by the law of any other state,

territory or other jurisdiction of the United States where the decedent

was domiciled, may sue in any court of this state in his capacity as

personal or other legal representative in the same manner and under the

same restrictions as a person residing outside of the state may sue,

subject to the following:

(1) Within ten days after commencing such action or proceeding, the

personal or other legal representative shall file in the office of the

clerk of the court in which such action or proceeding is brought a copy

of the letters issued to such representative, duly authenticated as

prescribed by CPLR 4542. When the suit is brought by a foreign legal

representative who is not a personal representative he shall file an

affidavit setting forth the facts authorizing him to act for the

decedent, and such other proof required by the court in which the action

or proceeding is brought. The court may at any time, in its discretion,

require the filing of authenticated copies of other papers or a bond or

additional bond in an amount fixed by the court to protect the rights of

interested residents of this state.

(2) Within ten days after commencing such action or proceeding, the

personal or other legal representative shall file an affidavit stating

that:

(A) Such decedent is not indebted to any resident of this state.

(B) More than six months have elapsed since the decedent's death and

no petition for ancillary administration of the estate of such decedent

has been filed in any court of this state. If made upon information and

belief, such affidavit shall state the sources of affiant's information

and the grounds for his belief.

(C) If it appears that the decedent is indebted to a resident of this

state or that a petition for ancillary administration has been filed in

this state, notice to the creditor or petitioner must be given in such

manner as the court may direct.

(3) Failure to comply with the requirements of subparagraphs (1) and

(2) shall stay the action or proceeding and the defendant's time to

answer or move shall be extended for twenty days after plaintiff has

served defendant with notice of compliance with such requirements.

(4) If ancillary letters testamentary or of administration are issued

in this state after such action or proceeding is commenced, upon motion

of the ancillary representative the court in which such action or

proceeding is pending shall substitute the ancillary representative for

the personal representative or other legal representative and shall hear

and determine such action or proceeding as if the same were originally

instituted by the ancillary representative, and the benefits of the

judgment shall inure to the ancillary representative and be administered

by him.