N.Y. Real Property Actions & Proceedings Law § 1802

§ 1802. By whom maintained. 1. Except as provided in subdivision two,\nthe special proceeding may be maintained only by the general or\ntestamentary guardian or guardian appointed by deed of the property of\nthe infant, or by the committee of the property of the incompetent\nperson, or by the conservator of the property of a conservatee. Where\nit is maintained in behalf of an infant of the age of fourteen years or\nupwards, the infant must join therein.\n 2. Where the value of the claim does not exceed one thousand dollars,\nthe special proceeding may be maintained by the father, or mother, or\nsome competent person with whom the infant, incompetent person or\nconservatee resides, or who has some interest in his welfare. Where,\nhowever, there is an existing general or testamentary guardian of the\nproperty of such infant, or a committee of the property of such\nincompetent person, or a conservator of the property of such\nconservatee, the proceeding may be maintained only by such\nrepresentative.\n