N.Y. Surrogate's Court Procedure Act § 1753: Persons to be served 1

§ 1753. Persons to be served

1. Upon presentation of the petition, process shall issue to:

(a) the parent or parents, adult children, if the petitioner is other

than a parent, adult siblings, if the petitioner is other than a parent,

and if the person who is intellectually disabled or person who is

developmentally disabled is married, to the spouse, if their residences

are known;

(b) the person having care and custody of the person who is

intellectually disabled or person who is developmentally disabled, or

with whom such person resides if other than the parents or spouse; and

(c) the person who is intellectually disabled or person who is

developmentally disabled if fourteen years of age or older for whom an

application has been made in such person's behalf.

2. Upon presentation of the petition, notice of such petition shall be

served by certified mail to:

(a) the adult siblings if the petitioner is a parent, and adult

children if the petitioner is a parent;

(b) the mental hygiene legal service in the judicial department where

the facility, as defined in subdivision (a) of section 47.01 of the

mental hygiene law, is located if the person who is intellectually

disabled or person who is developmentally disabled resides in such a

facility;

(c) in all cases, to the director in charge of a facility licensed or

operated by an agency of the state of New York, if the person who is

intellectually disabled or person who is developmentally disabled

resides in such facility;

(d) one other person if designated in writing by the person who is

intellectually disabled or person who is developmentally disabled; and

(e) such other persons as the court may deem proper.

3. No process or notice shall be necessary to a parent, adult child,

adult sibling, or spouse of the person who is intellectually disabled or

person who is developmentally disabled who has been declared by a court

as being incompetent. In addition, no process or notice shall be

necessary to a spouse who is divorced from the person who is

intellectually disabled or person who is developmentally disabled, and

to a parent, adult child, adult sibling when it shall appear to the

satisfaction of the court that such person or persons have abandoned the

person who is intellectually disabled or person who is developmentally

disabled.