§ 1207. Settlement of action or claim by infant, judicially declared\nincompetent or conservatee, by whom motion made; special proceeding;\nnotice; order of settlement. Upon motion of a guardian of the property\nor guardian ad litem of an infant or, if there is no such guardian, then\nof a parent having legal custody of an infant, or if there is no such\nparent, by another person having legal custody, or if the infant is\nmarried, by an adult spouse residing with the infant, or of the\ncommittee of the property of a person judicially declared to be\nincompetent, or of the conservator of the property of a conservatee, the\ncourt may order settlement of any action commenced by or on behalf of\nthe infant, incompetent or conservatee. If no action has been commenced,\na special proceeding may be commenced upon petition of such a\nrepresentative for settlement of any claim by the infant, incompetent or\nconservatee in any court where an action for the amount of the proposed\nsettlement could have been commenced. Unless otherwise provided by rule\nof the chief administrator of the courts, if no motion term is being\nheld and there is no justice of the supreme court available in a county\nwhere the action or an action on the claim is triable, such a motion may\nbe made, or special proceeding may be commenced, in a county court and\nthe county judge shall act with the same power as a justice of the\nsupreme court even though the amount of the settlement may exceed the\njurisdictional limits of the county court. Notice of the motion or\npetition shall be given as directed by the court. An order on such a\nmotion shall have the effect of a judgment. Such order, or the judgment\nin a special proceeding, shall be entered without costs and shall\napprove the fee for the infant's, incompetent's or conservatee's\nattorney, if any.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.