N.Y. SCP Law § 1702

§ 1702. Jurisdiction\n 1. Where an infant has no guardian the court may appoint a guardian of\nhis person or property, or of both, in the following cases:\n (a) Where the infant is domiciled in that county or has sojourned\ntherein immediately preceding the application.\n (b) Where the infant is a non-domiciliary of the state but has\nproperty situate in that county.\n 2. Where an infant or child has no guardian, the court may appoint a\npermanent guardian for the child in accordance with the provisions of\nsection seventeen hundred one of this article where the infant is\ndomiciled in that county or where such child is in the care or custody\nof an authorized agency, as defined in subdivision ten of section three\nhundred seventy-one of the social services law, and such authorized\nagency has its principal office in that county.\n 3. Where the permanency goal for a foster child who is the subject of\na proceeding under article ten or ten-A of the family court act is\nreferral for legal guardianship, a petition filed under this article by\na fit and willing relative or other suitable person shall be filed with\nthe court before whom the most recent proceeding under article ten or\nten-A of the family court act is pending.\n