2014 New York Laws
RPA - Real Property Actions & Proceedings
Article 9 - (901 - 992) ACTION FOR PARTITION
921 - Actual partition.

  921.  Actual  partition.  1.  The  commissioners  designated by the
  interlocutory judgment shall forthwith  proceed  to  make  partition  as
  directed  by  such  judgment,  unless  it appears to them that partition
  thereof, or of a particular lot, tract or other portion thereof,  cannot
  be made without great prejudice to the owners; in which case, they shall
  make a written report of that fact to the court.
2.  The  commissioners shall divide the property into distinct parcels
  and allot the several parcels to the  respective  parties,  quality  and
  quantity being relatively considered, according to the respective rights
  and  interest  of  the  parties  as fixed by the interlocutory judgment.
  They shall designate the several parcels by suitable monuments. They may
  employ a surveyor, with the necessary assistants, to aid them.
3. Where a party has a right of dower  in  the  property,  or  a  part
  thereof,  which has not been admeasured, or has an estate by the curtesy
  or for life or for years in an undivided  share  of  the  property,  the
  commissioners may allot to that party his share without reference to the
  duration of the estate. They may make partition of the share so allotted
  to  that  party,  among the parties who are entitled to the remainder or
  reversion thereof, to be enjoyed by them upon the determination  of  the
  particular  estate,  where,  in the opinion of the commissioners, such a
  partition can be made without prejudice to the rights of the parties.