N.Y. Surrogate's Court Procedure Act § 1705: Persons to be served 1

§ 1705. Persons to be served

1. Upon presentation of the petition process shall issue:

(a) To the parent or parents, and if the infant is married, to the

spouse, if such persons are within the state and their residences

therein are known, or if there be none, to the grandparents who are

within the county.

(b) To the person having the care and custody of the infant or with

whom he resides.

(c) If the application is made in behalf of an infant over the age of

14 years by any person, to the infant.

2. No process shall be necessary to a parent who has abandoned the

infant or is deprived of civil rights or divorced from the parent having

legal custody of the infant or an incompetent or who is otherwise

judicially deprived of the custody of the infant or in case the infant

is married to a spouse who has abandoned the infant or is deprived of

civil rights or divorced or an incompetent.

3. The court shall ascertain so far as practicable what relatives of

the infant are domiciled in its county or elsewhere and with whom the

infant resides and it may issue process to any relative or class of

relatives to show cause why the appointment should not be made.