N.Y. Surrogate's Court Procedure Act § 1716: Application for ancillary letters to foreign guardians 1

§ 1716. Application for ancillary letters to foreign guardians

1. Where an infant is domiciled within a state of the United States

other than this state, or the District of Columbia, the Commonwealth of

Puerto Rico or a territory or possession of the United States and is

entitled to property within the state or to maintain an action or

special proceeding in any court thereof, a guardian of his property to

whom letters have been issued by a court of competent jurisdiction

within the foreign state, the District of Columbia, the Commonwealth of

Puerto Rico, or a territory or possession of the United States where the

infant is domiciled, and has there given security in at least the value

of the personal property and of the rents and profits of the real

property of the infant, may present to the surrogate's court having

jurisdiction, a petition showing the facts and particularly whether or

not there are any debts due or to become due from the infant to a

domiciliary and that the security given is sufficient to cover the

property sought to be obtained through such letters and that the court

has jurisdiction of the infant and praying for ancillary letters of

guardianship accordingly.

2. The petition must be accompanied with exemplified copies of the

records and other papers showing that he has been so appointed and has

given the security required in this section, which must be authenticated

in the manner prescribed by the CPLR. The petition and authenticated

records and papers shall be conclusive evidence of the facts therein set

forth in any court of this state.

3. Any corporate banking institution in any state, the District of

Columbia, the Commonwealth of Puerto Rico or a territory or possession

of the United States not entitled of right under section 131 of the

banking law to receive such letters may nevertheless be authorized to

receive them upon giving the bond which the court may require.

4. Where a non-domiciliary infant resides in a foreign country and is

entitled to property within the state or to maintain an action or

special proceeding in any court thereof respecting such property, a

guardian of his property authorized to act as such within the domicile

of the infant may apply to the surrogate's court of the county where the

property or any part thereof is situate, for ancillary letters of

guardianship on the estate of the infant and the person so authorized

must present a petition showing the facts and the additional allegations

regarding debts and security required by subdivision 1 and praying for

ancillary letters. The petition must be accompanied with the

authenticated copies of the records and other papers showing the

appointment of the petitioner or where the foreign guardian has not been

appointed by any court, with other proof of his authority to act as

guardian within the foreign country and also with proof that pursuant to

the laws of the foreign country he is entitled to the possession of the

infant's personal estate. Authenticated copies of the records where used

pursuant to this subdivision must be authenticated by the seal of the

court or officer by which or by whom he was appointed or by the officer

having the custody of the seal or the record thereof and the signature

of a judge of such court or the signature of such officer and of the

clerk of such court, if any, and must be further authenticated by the

certificate under the principal seal of the department of foreign

affairs or of the department of justice of such country, attested by the

signature or seal of a United States consul. The petition and

authenticated records and papers shall be conclusive evidence of the

facts therein set forth in any court of this state.