§ 13-3.5 Action or proceeding by foreign personal or other legal\n representative\n (a) A personal or other legal representative of a non-domiciliary\ndecedent, duly appointed or authorized by the law of any other state,\nterritory or other jurisdiction of the United States where the decedent\nwas domiciled, may sue in any court of this state in his capacity as\npersonal or other legal representative in the same manner and under the\nsame restrictions as a person residing outside of the state may sue,\nsubject to the following:\n (1) Within ten days after commencing such action or proceeding, the\npersonal or other legal representative shall file in the office of the\nclerk of the court in which such action or proceeding is brought a copy\nof the letters issued to such representative, duly authenticated as\nprescribed by CPLR 4542. When the suit is brought by a foreign legal\nrepresentative who is not a personal representative he shall file an\naffidavit setting forth the facts authorizing him to act for the\ndecedent, and such other proof required by the court in which the action\nor proceeding is brought. The court may at any time, in its discretion,\nrequire the filing of authenticated copies of other papers or a bond or\nadditional bond in an amount fixed by the court to protect the rights of\ninterested residents of this state.\n (2) Within ten days after commencing such action or proceeding, the\npersonal or other legal representative shall file an affidavit stating\nthat:\n (A) Such decedent is not indebted to any resident of this state.\n (B) More than six months have elapsed since the decedent's death and\nno petition for ancillary administration of the estate of such decedent\nhas been filed in any court of this state. If made upon information and\nbelief, such affidavit shall state the sources of affiant's information\nand the grounds for his belief.\n (C) If it appears that the decedent is indebted to a resident of this\nstate or that a petition for ancillary administration has been filed in\nthis state, notice to the creditor or petitioner must be given in such\nmanner as the court may direct.\n (3) Failure to comply with the requirements of subparagraphs (1) and\n(2) shall stay the action or proceeding and the defendant's time to\nanswer or move shall be extended for twenty days after plaintiff has\nserved defendant with notice of compliance with such requirements.\n (4) If ancillary letters testamentary or of administration are issued\nin this state after such action or proceeding is commenced, upon motion\nof the ancillary representative the court in which such action or\nproceeding is pending shall substitute the ancillary representative for\nthe personal representative or other legal representative and shall hear\nand determine such action or proceeding as if the same were originally\ninstituted by the ancillary representative, and the benefits of the\njudgment shall inure to the ancillary representative and be administered\nby him.\n
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