N.Y. Correct. Law § 352

§ 352. Creditor must relinquish security. A creditor of the prisoner,\nwho has a judgment, mortgage, or other security, specified in section\nfifty-nine of the debtor and creditor law, can not apply for such an\nappointment, with respect to the debt so secured, unless he appends to\nor includes in his petition, the declaration, required by that section\nfrom a consenting creditor; which declaration has the same effect as the\ndeclaration of a consenting creditor, as therein specified.\n