§ 1716. Application for ancillary letters to foreign guardians

1. Where an infant is domiciled within a state of the United States
other than this state, or the District of Columbia, the Commonwealth of
Puerto Rico or a territory or possession of the United States and is
entitled to property within the state or to maintain an action or
special proceeding in any court thereof, a guardian of his property to
whom letters have been issued by a court of competent jurisdiction
within the foreign state, the District of Columbia, the Commonwealth of
Puerto Rico, or a territory or possession of the United States where the
infant is domiciled, and has there given security in at least the value
of the personal property and of the rents and profits of the real
property of the infant, may present to the surrogate's court having
jurisdiction, a petition showing the facts and particularly whether or
not there are any debts due or to become due from the infant to a
domiciliary and that the security given is sufficient to cover the
property sought to be obtained through such letters and that the court
has jurisdiction of the infant and praying for ancillary letters of
guardianship accordingly.

2. The petition must be accompanied with exemplified copies of the
records and other papers showing that he has been so appointed and has
given the security required in this section, which must be authenticated
in the manner prescribed by the CPLR. The petition and authenticated
records and papers shall be conclusive evidence of the facts therein set
forth in any court of this state.

3. Any corporate banking institution in any state, the District of
Columbia, the Commonwealth of Puerto Rico or a territory or possession
of the United States not entitled of right under section 131 of the
banking law to receive such letters may nevertheless be authorized to
receive them upon giving the bond which the court may require.

4. Where a non-domiciliary infant resides in a foreign country and is
entitled to property within the state or to maintain an action or
special proceeding in any court thereof respecting such property, a
guardian of his property authorized to act as such within the domicile
of the infant may apply to the surrogate's court of the county where the
property or any part thereof is situate, for ancillary letters of
guardianship on the estate of the infant and the person so authorized
must present a petition showing the facts and the additional allegations
regarding debts and security required by subdivision 1 and praying for
ancillary letters. The petition must be accompanied with the
authenticated copies of the records and other papers showing the
appointment of the petitioner or where the foreign guardian has not been
appointed by any court, with other proof of his authority to act as
guardian within the foreign country and also with proof that pursuant to
the laws of the foreign country he is entitled to the possession of the
infant's personal estate. Authenticated copies of the records where used
pursuant to this subdivision must be authenticated by the seal of the
court or officer by which or by whom he was appointed or by the officer
having the custody of the seal or the record thereof and the signature
of a judge of such court or the signature of such officer and of the
clerk of such court, if any, and must be further authenticated by the
certificate under the principal seal of the department of foreign
affairs or of the department of justice of such country, attested by the
signature or seal of a United States consul. The petition and
authenticated records and papers shall be conclusive evidence of the
facts therein set forth in any court of this state.