This text of New York § 304 (Contents of petition In addition to such other requirements as may be applicable to the petition in a particular proceeding, a petition m...) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 304. Contents of petition\n In addition to such other requirements as may be applicable to the\npetition in a particular proceeding, a petition must substantially set\nforth:\n 1. The title of the proceeding, the name and domicile of the person to\nwhose estate or person the proceeding relates and of the petitioner.\n 2. The facts upon which the jurisdiction of the court depends in the\nparticular proceeding.\n 3. So far as they can be ascertained with due diligence, the names and\naddresses of all the persons interested upon whom service of process is\nrequired or concerning whom the court is required to have information;\nand in addition there shall be shown by petition or affidavit in form\nsatisfactory to the court, the following:\n (a) If any person be an infant, his age, the d
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§ 304. Contents of petition\n In addition to such other requirements as may be applicable to the\npetition in a particular proceeding, a petition must substantially set\nforth:\n 1. The title of the proceeding, the name and domicile of the person to\nwhose estate or person the proceeding relates and of the petitioner.\n 2. The facts upon which the jurisdiction of the court depends in the\nparticular proceeding.\n 3. So far as they can be ascertained with due diligence, the names and\naddresses of all the persons interested upon whom service of process is\nrequired or concerning whom the court is required to have information;\nand in addition there shall be shown by petition or affidavit in form\nsatisfactory to the court, the following:\n (a) If any person be an infant, his age, the date of his birth,\nwhether he has a guardian, whether his father, or if he be dead, his\nmother, is living, his connection with the estate, and the names and\naddresses of such persons and the person with whom the infant resides.\n (b) If any person be an incompetent, the name and address of his\ncommittee, if any, and of the person or institution having his care and\ncustody and if there be no committee, the name and address of an adult\nrelative or friend having an interest in his welfare.\n (c) If any person be an incapacitated person, the facts regarding his\nincapacity and if confined, the name and address of the institution\nhaving his care and custody and the name and address of an adult\nrelative or friend having an interest in his welfare, and if a\nconservatee as designated in section 77.01 of the mental hygiene law,\nthe name and address of his conservator.\n (d) If any person be unknown or his name or whereabouts be unknown, a\ngeneral description of such person, showing his connection with the\nestate and his interest in the proceeding and the facts showing what\neffort has been made to ascertain his name or whereabouts.\n (e) If any person be a prisoner confined in this state or elsewhere,\nthe name and address of the institution in which he is confined, and the\nname and address of an adult relative or friend having an interest in\nhis welfare.\n (f) If any person be included in a class, and his name be unknown, the\nnames and addresses of those persons of the class who are known, and a\ngeneral description of all other persons belonging to the class, their\nconnection with the estate, and their interest in the proceeding.\n 4. That there are no other persons than those mentioned interested in\nthe application or proceeding.\n 5. A request for the relief sought.\n