N.Y. Dom. Rel. Law § 80

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 80 — Guardians in socage DRL § 80 Guardians in socage /legislation/laws/DOM/A6 § 80. Guardians in socage. Where a minor for whom a general guardianof the property has not been appointed shall acquire real property, theguardianship of his property with the rights, powers and duties of aguardian in socage belongs: (1) to the parents jointly, or, if they beseparated, or divorced, to the parent who has been given the custody ofthe minor by a decree of court, or in the absence of such a decree, tothe parent having the actual custody of the minor; (2) if one of theparents be dead, to the sole surviving parent; (3) if there be no fatheror mother, to the nearest and eldest relative of full age, not under anylegal incapacity.The rights and authority of every such guardian shall be superseded bya testamentary or other guardian appointed in pursuance of this articleor in pursuance of article ten of the surrogates court act. Source: NYSenate.gov Open Legislation | Laws of New York Page 1