NY Real Prop Actions L § 1651 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 16 - Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition 1651 - Proceedings for Voluntary Partition of Infant's, Incompetent's or Conservatee's Real Property.

§ 1651. Proceedings for voluntary partition of infant's, incompetent's   or conservatee's real property. 1. Where an infant, person with a mental   disability,  or  conservatee holds real property, in joint tenancy or in   common, the general guardian of the infant,  or  the  committee  of  the   person  with a mental disability, or conservator of the conservatee, may   apply to the supreme court or to the county court of the county  wherein   the  real property is situated, for authority to agree to a partition of   the real property. Where such application affects the  interests  of  an   incompetent  person  or  a conservatee who has been committed to a state   institution, and is an inmate thereof, notice of such  application  must   be  given  to the superintendent, acting superintendent or state officer   having special jurisdiction over the institution where  the  incompetent   person  or  conservatee is confined. Irrespective of the location of any   real property held by an infant in  joint  tenancy  or  in  common,  his   general  guardian  may  make  such  application to the surrogate's court   which appointed such guardian. A certified copy of the decree entered in   the surrogate's court on such application must be recorded in the office   of the clerk of each county in which is situated  property  affected  by   such decree.2.  Such an application must be by a petition, which must describe the   real property proposed to be partitioned;  must  state  the  rights  and   interests  of  the  several  owners thereof; must specify the particular   partition proposed to be made; and must be verified  by  affidavit.  The   court may order notice of the application to be given to such persons as   it thinks proper.3.  If,  after  due  inquiry  into the merits of the application, by a   reference or otherwise, the court is of the opinion that  the  interests   of  the infant, or person with a mental disability, or conservatee, will   be promoted by the partition proposed, it may make an order  authorizing   the  petitioner  to  agree to the partition proposed, and in the name of   the infant, person with a mental disability, or conservatee, to  execute   releases  of  his right and interest in and to that part of the property   which falls to the shares of  the  other  joint-tenants  or  tenants  in   common.  The  court  may,  in its discretion, for the furtherance of the   interests  of  said  infant,  person  with  a  mental   disability,   or   conservatee, direct partition to be so made as to set off to him or them   his  or their share in common with any of the other owners, provided the   consent in writing thereto of such owners shall be first obtained.4. Releases so executed have the same validity and effect, as if  they   were executed by the person in whose behalf they are executed, and as if   the  infant  was  of  full  age, person with a mental disability, was of   sound mind, and competent to manage his affairs, or the conservatee  was   competent to manage his affairs.