N.Y. CPLR § 1207

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1207 Settlement of action or claim by infant, judicially declaredincompetent or conservatee, by whom motion made; special pro § 1207. Settlement of action or claim by infant, judicially declaredincompetent or conservatee, by whom motion made; special proceeding;notice; order of settlement. Upon motion of a guardian of the propertyor guardian ad litem of an infant or, if there is no such guardian, thenof a parent having legal custody of an infant, or if there is no suchparent, by another person having legal custody, or if the infant ismarried, by an adult spouse residing with the infant, or of thecommittee of the property of a person judicially declared to beincompetent, or of the conservator of the property of a conservatee, thecourt may order settlement of any action commenced by or on behalf ofthe infant, incompetent or conservatee. If no action has been commenced,a special proceeding may be commenced upon petition of such arepresentative for settlement of any claim by the infant, incompetent orconservatee in any court where an action for the amount of the proposedsettlement could have been commenced. Unless otherwise provided by ruleof the chief administrator of the courts, if no motion term is beingheld and there is no justice of the supreme court available in a countywhere the action or an action on the claim is triable, such a motion maybe made, or special proceeding may be commenced, in a county court andthe county judge shall act with the same power as a justice of thesupreme court even though the amount of the settlement may exceed thejurisdictional limits of the county court. Notice of the motion orpetition shall be given as directed by the court. An order on such amotion shall have the effect of a judgment. Such order, or the judgmentin a special county court. Notice of the motion orpetition shall be given as directed by the court. An order on such amotion shall have the effect of a judgment. Such order, or the judgmentin a special proceeding, shall be entered without costs and shallapprove the fee for the infant's, incompetent's or conservatee'sattorney, if any.