N.Y. SCP Law § 2103

§ 2103. Proceeding by fiduciary to discover property withheld or obtain\n information\n 1. A fiduciary may present to the court which has jurisdiction over\nthe estate a petition showing on knowledge or information and belief\nthat any property as defined in 103 or the proceeds or value thereof\nwhich should be paid or delivered to him is\n (a) in the possession or control of a person who withholds it from\nhim, whether possession or control was obtained prior to creation of the\nestate or subsequent thereto or\n (b) within the knowledge or information of a person who refuses to\nimpart knowledge or information he may have concerning it or to disclose\nany other fact which will aid the petitioner in making discovery of the\nproperty or\n (c) he has reason to believe, in the possession or control of a person\ndescribed in subparagraph (a) of this subdivision or within the\nknowledge or information of a person described in subparagraph (b) of\nthis subdivision and praying that an inquiry be had respecting it and\nthat the respondent be ordered to attend and be examined accordingly and\nto deliver the property if in his control.\n The petition may be accompanied by an affidavit or other written\nevidence to support it.\n 2. "Property" as used in this section shall include any and all\npersonal or real property in which decedent had any interest, including\nchoses in action, money deposited and all property rights of the\ndepositor consequent on the deposit of money by a decedent, grantor or\nfiduciary or for his account with any authorized banking organization in\nrespect of which the depositary claims no beneficial interest other than\nits proper costs, fees or expenses.\n 3. If the court be satisfied there are reasonable grounds for the\nexamination it must make an order accordingly. If the petition does not\npray for an inquiry or examination, the court may issue a citation to\nthe person alleged to be in possession or control of the property to\nshow cause why he should not deliver such property or its proceeds or\nvalue.\n 4. If it appear at any time that a person other than the respondent\nclaims any interest in the property or the proceeds or value thereof the\ncourt may issue a citation to such person to show cause why he should\nnot deliver the property if in his control or the proceeds or value\nthereof and why the court should not determine ownership and right to\npossession of such property.\n 5. Service of any order for attendance and examination of any person\nmust be made by delivery of a certified copy thereof to the person or\npersons therein named and the payment or tender to each of the sum\nrequired to be paid to a witness as a subpoena fee.\n