N.Y. EPT Law § 11-A-4.13

§ 11-A-4.13 Property not productive of income\n (a) If a gift tax or estate tax marital deduction is allowed for all\nor part of a trust whose assets consist substantially of property that\ndoes not provide the spouse with sufficient income from or use of the\ntrust assets, and if the amounts that the trustee transfers from\nprincipal to income under paragraph 11-2.3 (b)(5) and distributes to the\nspouse from principal pursuant to the terms of the trust are\ninsufficient to provide the spouse with the beneficial enjoyment\nrequired to obtain the marital deduction, the spouse may require the\ntrustee to make property productive of income, convert property within a\nreasonable time, or exercise the power conferred by paragraph 11-2.3\n(b)(5). The trustee may decide which action or combination of actions to\ntake.\n (b) In cases not governed by paragraph (a), proceeds from the sale or\nother disposition of an asset are principal without regard to the amount\nof income the asset produces during any accounting period.\n