N.Y. Surr. Ct. Proc. Act § 1419

§ 1419. Process; renunciation or exclusion of persons having prior or\nequal right\n Every eligible person having a right to letters of administration with\nthe will annexed prior or equal to that of the petitioner including an\ninfant, incompetent or conservatee whose guardian, committee or\nconservator would be entitled to letters, and who has not renounced,\nmust be served. The proceedings upon the application are the same as\nupon an application for administration upon the estate of an intestate.\nThe court may dispense with the issuance and service of process upon\nnon-domiciliaries.\n