N.Y. DCD Law § 106

§ 106. Order directing assignment; assignment pursuant thereto. An\norder, directing the execution of an assignment, must be made by the\ncourt, where it appears, by the verdict of the jury, or, if a jury has\nnot been demanded, or the jurors have been discharged by reason of their\ninability to agree, where it satisfactorily appears to the court, as\nfollows:\n 1. That the petitioner is unable to pay his debts.\n 2. That the schedule annexed to his petition is true.\n 3. That he has not been guilty of any fraud or concealment, in\nviolation of the provisions of this article.\n 4. That he has, in all things, conformed to the matters required of\nhim by this article.\n The provisions of sections seventy-six, seventy-seven, and\nseventy-eight of this chapter apply to the order prescribed in this\nsection, and to the assignment made in pursuance thereof, except that\nthe trustee or trustees must be nominated, as well as appointed, by the\ncourt.\n