N.Y. Surrogate's Court Procedure Act § 402: Appearance for infant, incompetent, conservatee or person under disability 1

§ 402. Appearance for infant, incompetent, conservatee or person under

disability

1. An infant may appear by the guardian of his property, an

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

conservator. The appointment of a guardian ad litem does not bar the

guardian, committee or conservator from appearing as a party. The

person so appearing and his attorney shall each file on or before the

return day of process an affidavit showing

(a) that he is qualified to protect their rights,

(b) whether he is related to or connected in business with any party

to the proceeding or the attorney for any party,

(c) whether he is entitled to share in the estate in which the

infant, incompetent or conservatee is interested or is in any way

interested therein,

(d) whether he has any interest adverse to or in conflict with that

of the infant, incompetent or conservatee and

(e) such additional facts as may be required by the court.

2. A person under disability shall appear by a guardian ad litem

where no appearance is made as provided in subdivision one or where the

court so directs because of possible adversity or conflict of interest

or for other cause.