N.Y. Surr. Ct. Proc. Act § 2105

§ 2105. Proceeding to compel delivery of property by a fiduciary which\n is claimed by another or others\n 1. A person having a claim to property as defined in 103 or the\nproceeds thereof alleged to be in the possession of or under the control\nof a fiduciary may present to the court which has jurisdiction over the\nestate a petition showing the facts and praying that the fiduciary be\nrequired to show cause why he should not be required to deliver the\nproperty or the proceeds thereof.\n 2. Process shall issue accordingly to the fiduciary.\n 3. Upon return of process the court must hear the proofs of the\nparties, determine the issues, and if claim shall have been made to the\nproperty or the proceeds thereof by a person or persons other than the\nfiduciary, the court shall determine the respective interests of the\nparties in the property or the proceeds or value thereof and make a\ndecree accordingly.\n