N.Y. Dom. Rel. Law § 80

§ 80. Guardians in socage. Where a minor for whom a general guardian\nof the property has not been appointed shall acquire real property, the\nguardianship of his property with the rights, powers and duties of a\nguardian in socage belongs: (1) to the parents jointly, or, if they be\nseparated, or divorced, to the parent who has been given the custody of\nthe minor by a decree of court, or in the absence of such a decree, to\nthe parent having the actual custody of the minor; (2) if one of the\nparents be dead, to the sole surviving parent; (3) if there be no father\nor mother, to the nearest and eldest relative of full age, not under any\nlegal incapacity.\n The rights and authority of every such guardian shall be superseded by\na testamentary or other guardian appointed in pursuance of this article\nor in pursuance of article ten of the surrogates court act.\n