N.Y. Surrogate's Court Procedure Act § 401: Appearance of parties 1

§ 401. Appearance of parties

1. Who may appear. A party other than an infant, incompetent or

conservatee may appear and prosecute or defend a special proceeding in

person or by attorney, except that a corporation or voluntary

association shall appear by attorney. An infant by the guardian of his

property, an incompetent by the committee of his property and a

conservatee by his conservator may appear and prosecute or defend a

special proceeding in person or by attorney as provided in 402.

2. How made. An appearance is made by pleading, by waiver, by serving

upon the attorney for the petitioner and filing with the clerk a signed

notice of appearance or by appearance in person noted upon the record in

open court. The notice may be signed by any person authorized under

subdivision 1 to appear for the party.

3. Evidence of attorney's authority. Where a party is a

non-domiciliary or has not been served personally with process within

the state the court may require

(a) that any person appearing for the party furnish acknowledged

evidence of authority so to appear and

(b) the authorization to set forth whether there has been executed

previously by the party

(i) any power of attorney or similar instrument relating to the

party's interest in the estate and

(ii) any assignment of the interest.

4. Appearance by waiver of process. Any adult competent party may also

appear by an acknowledged waiver of issuance and service of process

which upon filing with the clerk is equivalent to the filing of an

acknowledged notice of appearance under subdivision 2. In a probate

proceeding the waiver shall state the date of the will to which it

relates and that a copy has been furnished or examined.

5. Termination of appearance of consul. When a consular official shall

have appeared in behalf of a noncitizen, a subsequent appearance by the

attorney in fact of the noncitizen pursuant to recorded power of

attorney or appearance by an authorized attorney shall terminate the

appearance of the consul.