2006 New York Code - By Whom Maintained.



 
    §  1802. By whom maintained. 1. Except as provided in subdivision two,
  the special  proceeding  may  be  maintained  only  by  the  general  or
  testamentary  guardian  or guardian appointed by deed of the property of
  the infant, or by the committee  of  the  property  of  the  incompetent
  person,  or  by the conservator of the property of a conservatee.  Where
  it is maintained in behalf of an infant of the age of fourteen years  or
  upwards, the infant must join therein.
    2.  Where the value of the claim does not exceed one thousand dollars,
  the special proceeding may be maintained by the father,  or  mother,  or
  some  competent  person  with  whom  the  infant,  incompetent person or
  conservatee resides, or who has some interest in his  welfare.    Where,
  however,  there  is  an existing general or testamentary guardian of the
  property of such  infant,  or  a  committee  of  the  property  of  such
  incompetent   person,   or   a  conservator  of  the  property  of  such
  conservatee,  the  proceeding   may   be   maintained   only   by   such
  representative.

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