N.Y. Real Property Actions & Proceedings Law § 1801: Grounds

§ 1801. Grounds. In any case, where the person entitled to

compensation from the state, by reason of the appropriation by the state

of real property, or of any easement therein, or of a term, estate,

inchoate right of dower, or other right or interest in real property,

and of legal damages caused by any such appropriation, and of damages

sustained by any entry upon, use or occupation of, or injury to such

real property by the state prior to completion of appropriation, is an

infant, a person incompetent to manage his affairs by reason of mental

illness or other cause, or a conservatee as designated in article

seventy-seven of the mental hygiene law, and whose interest in such real

property or rights thereunder as aforementioned is not governed by a

trust expressed in a will creating the estate nor subject to a valid

power of sale contained in such will which does not expressly prohibit

the giving of a release to the state because of such appropriation, a

special proceeding may be commenced in the county where the appropriated

property or a part thereof is situated, for leave to release to the

state the claim for compensation of such infant, incompetent person or

conservatee, in the manner provided in this article, for the amount of

consideration therefor offered by the state. This article shall also

apply to the contingent interest of an infant not in being.