N.Y. Surrogate's Court Procedure Act § 1702: Jurisdiction 1

§ 1702. Jurisdiction

1. Where an infant has no guardian the court may appoint a guardian of

his person or property, or of both, in the following cases:

(a) Where the infant is domiciled in that county or has sojourned

therein immediately preceding the application.

(b) Where the infant is a non-domiciliary of the state but has

property situate in that county.

2. Where an infant or child has no guardian, the court may appoint a

permanent guardian for the child in accordance with the provisions of

section seventeen hundred one of this article where the infant is

domiciled in that county or where such child is in the care or custody

of an authorized agency, as defined in subdivision ten of section three

hundred seventy-one of the social services law, and such authorized

agency has its principal office in that county.

3. Where the permanency goal for a foster child who is the subject of

a proceeding under article ten or ten-A of the family court act is

referral for legal guardianship, a petition filed under this article by

a fit and willing relative or other suitable person shall be filed with

the court before whom the most recent proceeding under article ten or

ten-A of the family court act is pending.