N.Y. Surr. Ct. Proc. Act § 707

§ 707. Eligibility to receive letters\n Letters may issue to a natural person or to a person authorized by law\nto be a fiduciary except as follows:\n 1. Persons ineligible\n (a) an infant\n (b) an incompetent\n (c) a non-domiciliary noncitizen except one who is a foreign guardian\nas provided in subdivision four of section one thousand seven hundred\nsixteen of this chapter, or one who shall serve with one or more\nco-fiduciaries, at least one of whom is resident in this state. Any\nappointment of a non-domiciliary noncitizen fiduciary or a New York\nresident fiduciary hereunder shall be made by the court in its\ndiscretion\n (d) one who does not possess the qualifications required of a\nfiduciary by reason of substance abuse, dishonesty, improvidence, want\nof understanding, or who is otherwise unfit for the execution of the\noffice.\n 2. Persons ineligible in court's discretion. The court may declare\nineligible to act as fiduciary:\n (a) a person unable to read and write the English language; or\n (b) an individual convicted of a felony whose crime may be adverse to\nthe welfare of the estate, including but not limited to, crimes such as\nembezzlement or any crime where there was a misappropriation of money or\na breach of fiduciary duty.\n