New York Laws
Article 17 - Special Proceeding for Disposition of Real Property of Infant, Incompetent or Conservatee
1711 - Grounds.

§ 1711. Grounds. In any of the following cases, a special proceeding
may be maintained to dispose of the real property or an interest in real
property of an infant, incompetent person or conservatee.

1. Where his personal property, together with the income of the real
property are insufficient for the payment of his debts or for the
maintenance and necessary education of himself and his family.

2. Where his interests require or will be substantially promoted by
disposition, because the real property or interest in real property is
exposed to waste or dilapidation, or is wholly or substantially
unproductive, or because funds are needed to preserve or to improve the
same, or because of other peculiar reasons or circumstances.

3. Where he is seized or possessed of the real property, or interest
in real property, by way of mortgage, or only in trust for another.

4. Where a valid contract for the sale or conveyance of the real
property or interest in real property has been made, but a conveyance
thereof cannot be made because the person in whom the title is vested is
an infant, an incompetent, or a conservatee.

5. Where his interest will be substantially promoted by releasing or
joining with others in releasing for a valuable consideration the
possibility of reverter.

6. Where his interest will be substantially promoted by the exchange
of a portion of his real property for lands adjacent to such real
property if such exchange would tend to improve the boundary line of
such real property.