N.Y. Surr. Ct. Proc. Act § 1701

§ 1701. Power of court\n The court has power over the property of an infant and is authorized\nand empowered to appoint a guardian of the person or of the property or\nof both of an infant whether or not the parent or parents of the infant\nor child are living. Where the guardianship and custody of a child have\nbeen committed to an authorized agency pursuant to section six hundred\nthirty-one of the family court act, or section three hundred\neighty-three-c, section three hundred eighty-four or section three\nhundred eighty-four-b of the social services law, or where both parents\nof the child whose consent to the adoption of the child would have been\nrequired pursuant to section one hundred eleven-a of the domestic\nrelations law are dead, the court may appoint a permanent guardian of a\nchild if the court finds that such appointment is in the best interests\nof the child.\n