N.Y. Surr. Ct. Proc. Act § 1812

§ 1812. Leave to issue execution against decedent's real property\n For the purpose of procuring a decree granting leave to issue\nexecution against a decedent's real property a judgment creditor shall\npresent to the court a verified petition showing the facts and praying\nfor such decree and that the person whose interest in the property will\nbe affected by a sale by virtue of the execution and the fiduciary of\nthe judgment debtor may be required to show cause why it should not be\ngranted. Upon the presentation of the petition the court must issue\nprocess accordingly. The process must be served either personally or in\nsuch manner as directed by the court and upon the return thereof the\ncourt may make such decree as justice shall require.\n