Section 81.04. Jurisdiction  


Latest version.
  • (a)  If  after a hearing or trial in accordance with the provisions of
      this article  it  is  determined  that  relief  under  this  article  is
      necessary,  the supreme court, and the county courts outside the city of
      New York, shall have the power to provide the relief set forth  in  this
      article:
        1. for a resident of the state;
        2. for a nonresident of the state present in the state;
        3.  for  a  nonresident of the state pursuant to section 81.18 of this
      article.
        (b) Notwithstanding the provisions of subdivision (a) of this section,
      when it appears in any proceeding in the surrogate's court that a person
      interested  in  an  estate  is  entitled  to  money  or  property  as  a
      beneficiary  of the estate, or entitled to the proceeds of any action as
      provided in section 5-4.1 of the estates, powers and trusts law,  or  to
      the  proceeds  of a settlement of a cause of action brought on behalf of
      an infant for personal injuries, and that the  interested  person  is  a
      resident  of,  is physically present, or has any property in, the county
      in which the proceeding is pending and is allegedly  incapacitated  with
      respect to property management under the provisions of this article, and
      the  surrogate's  court  is  satisfied  after  a  hearing  or  trial  in
      accordance with the provisions  of  this  article  that  the  interested
      person  is  incapacitated  with  respect  to  property  management,  the
      surrogate's court shall have the power to order relief for  that  person
      with respect to property management in accordance with the provisions of
      this article.