N.Y. Real Property Actions & Proceedings Law § 1802: By whom maintained

§ 1802. By whom maintained. 1. Except as provided in subdivision two,

the special proceeding may be maintained only by the general or

testamentary guardian or guardian appointed by deed of the property of

the infant, or by the committee of the property of the incompetent

person, or by the conservator of the property of a conservatee. Where

it is maintained in behalf of an infant of the age of fourteen years or

upwards, the infant must join therein.

2. Where the value of the claim does not exceed one thousand dollars,

the special proceeding may be maintained by the father, or mother, or

some competent person with whom the infant, incompetent person or

conservatee resides, or who has some interest in his welfare. Where,

however, there is an existing general or testamentary guardian of the

property of such infant, or a committee of the property of such

incompetent person, or a conservator of the property of such

conservatee, the proceeding may be maintained only by such

representative.