N.Y. SCP. LAW § 2103 : NY Code - Section 2103: Proceeding by fiduciary to discover property withheld or obtain information 1

Search N.Y. SCP. LAW § 2103 : NY Code - Section 2103: Proceeding by fiduciary to discover property withheld or obtain information 1

A fiduciary may present to the court which  has  jurisdiction  over
  the  estate  a  petition  showing on knowledge or information and belief
  that any property as defined in 103 or the  proceeds  or  value  thereof
  which should be paid or delivered to him is
    (a)  in  the  possession  or control of a person who withholds it from
  him, whether possession or control was obtained prior to creation of the
  estate or subsequent thereto or
    (b) within the knowledge or information of a  person  who  refuses  to
  impart knowledge or information he may have concerning it or to disclose
  any  other fact which will aid the petitioner in making discovery of the
  property or
    (c) he has reason to believe, in the possession or control of a person
  described  in  subparagraph  (a)  of  this  subdivision  or  within  the
  knowledge  or  information  of a person described in subparagraph (b) of
  this subdivision and praying that an inquiry be had  respecting  it  and
  that the respondent be ordered to attend and be examined accordingly and
  to deliver the property if in his control.
    The  petition  may  be  accompanied  by  an affidavit or other written
  evidence to support it.
    2. "Property" as used in  this  section  shall  include  any  and  all
  personal  or real property in which decedent had any interest, including
  choses in action,  money  deposited  and  all  property  rights  of  the
  depositor  consequent  on the deposit of money by a decedent, grantor or
  fiduciary or for his account with any authorized banking organization in
  respect of which the depositary claims no beneficial interest other than
  its proper costs, fees or expenses.
    3. If the court be satisfied there  are  reasonable  grounds  for  the
  examination  it must make an order accordingly. If the petition does not
  pray for an inquiry or examination, the court may issue  a  citation  to
  the  person  alleged  to  be in possession or control of the property to
  show cause why he should not deliver such property or  its  proceeds  or
  value.
    4.  If  it  appear at any time that a person other than the respondent
  claims any interest in the property or the proceeds or value thereof the
  court may issue a citation to such person to show cause  why  he  should
  not  deliver  the  property  if  in his control or the proceeds or value
  thereof and why the court should not determine ownership  and  right  to
  possession of such property.
    5.  Service  of any order for attendance and examination of any person
  must be made by delivery of a certified copy thereof to  the  person  or
  persons  therein  named  and  the  payment  or tender to each of the sum
  required to be paid to a witness as a subpoena fee.