ARTICLE 18

SPECIAL PROCEEDING FOR RELEASE OF CLAIM AGAINST STATE OF INFANT OR
INCOMPETENT FOR APPROPRIATION OF REAL PROPERTY
Section 1801. Grounds.
1802. By whom maintained.
1803. Notice of petition.
1804. Contents of petition.
1805. Security.
1806. Judgment.
1807. Payment of compensation; release.
1808. Distribution of proceeds of compensation.

S 1801. Grounds. In any case, where the person entitled to
compensation from the state, by reason of the appropriation by the state
of real property, or of any easement therein, or of a term, estate,
inchoate right of dower, or other right or interest in real property,
and of legal damages caused by any such appropriation, and of damages
sustained by any entry upon, use or occupation of, or injury to such
real property by the state prior to completion of appropriation, is an
infant, a person incompetent to manage his affairs by reason of mental
illness or other cause, or a conservatee as designated in article
seventy-seven of the mental hygiene law, and whose interest in such real
property or rights thereunder as aforementioned is not governed by a
trust expressed in a will creating the estate nor subject to a valid
power of sale contained in such will which does not expressly prohibit
the giving of a release to the state because of such appropriation, a
special proceeding may be commenced in the county where the appropriated
property or a part thereof is situated, for leave to release to the
state the claim for compensation of such infant, incompetent person or
conservatee, in the manner provided in this article, for the amount of
consideration therefor offered by the state. This article shall also
apply to the contingent interest of an infant not in being.

S 1802. By whom maintained. 1. Except as provided in subdivision two,
the special proceeding may be maintained only by the general or
testamentary guardian or guardian appointed by deed of the property of
the infant, or by the committee of the property of the incompetent
person, or by the conservator of the property of a conservatee. Where
it is maintained in behalf of an infant of the age of fourteen years or
upwards, the infant must join therein.
2. Where the value of the claim does not exceed one thousand dollars,
the special proceeding may be maintained by the father, or mother, or
some competent person with whom the infant, incompetent person or
conservatee resides, or who has some interest in his welfare. Where,
however, there is an existing general or testamentary guardian of the
property of such infant, or a committee of the property of such
incompetent person, or a conservator of the property of such
conservatee, the proceeding may be maintained only by such
representative.

S 1803. Notice of petition. Notice of petition shall be given, in the
discretion of the court, to such persons and in such manner as the court
may direct.

S 1804. Contents of petition. The petition shall state: 1. The name
and residence of the petitioner, the facts concerning his appointment
and qualification as a person by whom the proceeding is maintainable,
and a statement as to the amount of any existing undertaking given by
him in such capacity then in force and effect, whether or not any such
existing undertaking includes the value of the property appropriated. If
an undertaking had been dispensed with by the surrogate in any case
where such property was derived by the infant through his father or
mother under the instrument by which a guardian was appointed, such fact
shall be disclosed to the court.
2. The name, age and residence of the infant, incompetent or
conservatee.
3. The particulars with regard to such appropriation, including the
nature and extent of the property appropriated and a description.
If a survey map has been filed in the appropriation proceeding, a copy
of such a map shall be attached to and made part of the petition.
4. The nature and extent of the property, if any, entered upon, used,
occupied or injured by the state prior to completion of such
appropriation.
5. The amount offered by the state in full compensation.
6. The facts in relation to the value of the interest to be released.
7. Whether any previous application has been made, and, if so, the
time and disposition.
8. Where the value of the claim does not exceed one thousand dollars,
that either the petitioner or a competent, disinterested person
acquainted with the facts, whose affidavit is made a part of the
petition, has made a careful investigation of the facts relating to the
offer, and that as a result of such investigation he has found and
verily believes that the amount of compensation so offered by the state,
for the interest or undivided interest of said infant, incompetent
person, or conservatee represents the fair market value of the property
appropriated and just compensation therefor and for the legal damages
caused by such appropriation, and the damages, if any, sustained by the
entry upon, use or occupation of, or injury to such property by the
state prior to completion of appropriation. In any case involving an
infant of the age of fourteen years or upwards or a conservatee, his
written consent to the acceptance in his behalf of the amount so offered
shall accompany the petition, unless the aforesaid infant is classed in
the petition as an incompetent person, in which event such consent shall
not be required.

S 1805. Security. On presentation of the petition, where the value of
the claim exceeds one thousand dollars, the court shall fix the amount
of security or additional security, if any, to be given by such general
or testamentary guardian, committee or conservator, for the faithful
performance of his trust, to cover the amount of compensation to be
received by the infant, incompetent or conservatee because of such
appropriation. The court shall dispense with the giving of security, on
facts submitted in the petition, in any case where the surrogate had
done likewise as to such guardian under the provisions of the
surrogate`s court procedure act with respect to the property so
appropriated.

S 1806. Judgment. Upon examining into the truth of the allegations of
the petition, and hearing the allegations and proofs of the parties,
presented orally or by affidavit, as to the value of the interest of the
infant, incompetent person or conservatee in the property so
appropriated, including the legal damages caused by such appropriation,
and the damages, if any, sustained by the entry upon, use or occupation
of, or injury to such property by the state prior to completion of
appropriation, and, upon inquiring into the facts and circumstances and
duly considering the matter, if it shall appear to the satisfaction of
the court that the amount of compensation offered to be paid by the
state represents the fair market value of the property appropriated and
just compensation for the legal damages caused by such appropriation and
the damages, if any, sustained by the entry upon, use or occupation of,
or injury to such property by the state prior to completion of
appropriation, and that the interest of the infant, incompetent person
or conservatee will be substantially promoted by releasing or joining
with others in releasing any such claim for the amount of compensation
offered therefor by the state, the court may render a judgment
authorizing petitioner to enter into an agreement with the state, in
such form as may be submitted by the state or any agency or department
thereof, for the amount of compensation offered by the state and
approved by the court and authorizing and directing petitioner to
execute and deliver to the state a release of such claim and any
documents or instruments as may be required by the state to give full
effect to such release and authorizing and directing petitioner to
receive the amount in full payment of such claim for compensation.

S 1807. Payment of compensation; release. 1. Upon the payment of such
compensation by the state in the manner provided by the judgment, the
state shall be released of and from any and all claims, damages and
liability arising from or growing out of such appropriation, and in and
to every matter and thing in anywise related to said property so
appropriated.
2. The failure to conduct the proceeding for the release of any claim
against the state of an infant, incompetent person or conservatee as
covered by this article, shall not invalidate or render ineffective such
release if the interests of the infant, incompetent person or
conservatee have not been prejudiced.

S 1808. Distribution of proceeds of compensation. 1. Where
compensation exceeds one thousand dollars, it shall be deemed property
of the same nature, and the disposition thereof shall be made in the
same manner, as the disposition of proceeds of a sale, mortgage, release
or lease of real property of infant or incompetent.
2. Where compensation does not exceed one thousand dollars, after
deducting therefrom the payment of any attorney`s fees and the expenses,
if any as allowed by the court, the proceeds shall be administered by
the petitioner for the use and benefit of the infant, incompetent person
or conservatee, including the application thereof for the purposes, in
the manner, under the limitations and through the medium provided for in
the mental hygiene law of the state of New York and official rules and
regulations adopted pursuant thereto as to funds belonging to a patient,
in any case where such ward is an incompetent person or conservatee
confined as a patient to a state institution under the jurisdiction of
the department of mental hygiene of the state of New York.