N.Y. Surr. Ct. Proc. Act § 1414

§ 1414. When letters testamentary may be issued\n 1. After a will has been admitted to probate any person entitled to\nletters thereunder who is eligible and who appears and qualifies is\nentitled to letters testamentary.\n 2. Where a judgment has been rendered in an action establishing a\nwill the surrogate must record the will and issue letters as directed by\nthe judgment.\n 3. A person entitled to letters upon a contingency may appear and\nshow that the contingency has happened by which he is entitled to such\nletters.\n 4. A person named as an executor by a person other than the testator\nunder a valid power contained in a will must appear and file an\nacknowledged selection of himself as an executor.\n