2006 New York Code - Settlement Of Action Or Claim By Infant, Judicially Declared Incompetent Or Conservatee, By Whom Motion Made; Special Proceeding; Notice; Order Of Set

 
    §  1207.  Settlement of action or claim by infant, judicially declared
  incompetent or conservatee, by whom  motion  made;  special  proceeding;
  notice;  order  of settlement. Upon motion of a guardian of the property
  or guardian ad litem of an infant or, if there is no such guardian, then
  of a parent having legal custody of an infant, or if there  is  no  such
  parent,  by  another  person  having  legal custody, or if the infant is
  married, by an  adult  spouse  residing  with  the  infant,  or  of  the
  committee  of  the  property  of  a  person  judicially  declared  to be
  incompetent, or of the conservator of the property of a conservatee, the
  court may order settlement of any action commenced by or  on  behalf  of
  the infant, incompetent or conservatee. If no action has been commenced,
  a   special  proceeding  may  be  commenced  upon  petition  of  such  a
  representative for settlement of any claim by the infant, incompetent or
  conservatee in any court where an action for the amount of the  proposed
  settlement could have been commenced.  Unless otherwise provided by rule
  of  the  chief  administrator  of the courts, if no motion term is being
  held and there is no justice of the supreme court available in a  county
  where the action or an action on the claim is triable, such a motion may
  be  made,  or special proceeding may be commenced, in a county court and
  the county judge shall act with the same  power  as  a  justice  of  the
  supreme  court  even  though the amount of the settlement may exceed the
  jurisdictional limits of the county  court.  Notice  of  the  motion  or
  petition  shall  be  given  as directed by the court. An order on such a
  motion shall have the effect of a judgment. Such order, or the  judgment
  in  a  special  proceeding,  shall  be  entered  without costs and shall
  approve  the  fee  for  the  infant's,  incompetent's  or  conservatee's
  attorney, if any.