2006 New York Code - Contents Of Petition.



 
    §  1804.  Contents  of petition. The petition shall state: 1. The name
  and residence of the petitioner, the facts  concerning  his  appointment
  and  qualification  as  a person by whom the proceeding is maintainable,
  and a statement as to the amount of any existing  undertaking  given  by
  him  in  such capacity then in force and effect, whether or not any such
  existing undertaking includes the value of the property appropriated. If
  an undertaking had been dispensed with by  the  surrogate  in  any  case
  where  such  property  was  derived  by the infant through his father or
  mother under the instrument by which a guardian was appointed, such fact
  shall be disclosed to the court.
    2.  The  name,  age  and  residence  of  the  infant,  incompetent  or
  conservatee.
    3.  The  particulars  with regard to such appropriation, including the
  nature and extent of the property appropriated and a description.
    If a survey map has been filed in the appropriation proceeding, a copy
  of such a map shall be attached to and made part of the petition.
    4. The nature and extent of the property, if any, entered upon,  used,
  occupied   or   injured  by  the  state  prior  to  completion  of  such
  appropriation.
    5. The amount offered by the state in full compensation.
    6. The facts in relation to the value of the interest to be released.
    7. Whether any previous application has been made,  and,  if  so,  the
  time and disposition.
    8.  Where the value of the claim does not exceed one thousand dollars,
  that  either  the  petitioner  or  a  competent,  disinterested   person
  acquainted  with  the  facts,  whose  affidavit  is  made  a part of the
  petition, has made a careful investigation of the facts relating to  the
  offer,  and  that  as  a  result  of such investigation he has found and
  verily believes that the amount of compensation so offered by the state,
  for the interest or  undivided  interest  of  said  infant,  incompetent
  person,  or conservatee represents the fair market value of the property
  appropriated and just compensation therefor and for  the  legal  damages
  caused  by such appropriation, and the damages, if any, sustained by the
  entry upon, use or occupation of, or injury  to  such  property  by  the
  state  prior  to  completion  of appropriation. In any case involving an
  infant of the age of fourteen years or upwards  or  a  conservatee,  his
  written consent to the acceptance in his behalf of the amount so offered
  shall  accompany the petition, unless the aforesaid infant is classed in
  the petition as an incompetent person, in which event such consent shall
  not be required.

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