N.Y. Surrogate's Court Procedure Act § 1905: When disposition may be refused or delayed 1

§ 1905. When disposition may be refused or delayed

1. The court may deny the application upon such terms and conditions

as justice shall require.

2. If the disposition affects real property and it appears that the

net income thereof may be sufficient to make the disposition unnecessary

within a reasonable time, the court may postpone the application from

time to time and authorize the fiduciary to enter into possession of the

property, to receive the rents thereof and to apply the net rents as

directed by the court.