2006 New York Code - Creditor Must Relinquish Security.

 
    §  352. Creditor must relinquish security. A creditor of the prisoner,
  who has a judgment, mortgage, or other security,  specified  in  section
  fifty-nine  of  the  debtor  and creditor law, can not apply for such an
  appointment, with respect to the debt so secured, unless he  appends  to
  or  includes  in his petition, the declaration, required by that section
  from a consenting creditor; which declaration has the same effect as the
  declaration of a consenting creditor, as therein specified.