N.Y. SCP. LAW § 707 : NY Code - Section 707: Eligibility to receive letters Letters may issue to a natural person or to a person authorized by law to be a fiduciary except as follows: 1

Persons ineligible
    (a)  an infant
    (b)  an incompetent
    (c)  a  non-domiciliary  alien except one who is a foreign guardian as
  provided in subdivision four  of  section  one  thousand  seven  hundred
  sixteen  of  this  chapter,  or  one  who  shall  serve with one or more
  co-fiduciaries, at least one of whom is  resident  in  this  state.  Any
  appointment  of a non-domiciliary alien fiduciary or a New York resident
  fiduciary hereunder shall be made by the court in its discretion
    (d)  a felon
    (e) one  who  does  not  possess  the  qualifications  required  of  a
  fiduciary  by  reason of substance abuse, dishonesty, improvidence, want
  of understanding, or who is otherwise unfit for  the  execution  of  the
  office.
    2.    Persons ineligible in court's discretion.  The court may declare
  ineligible to act as fiduciary a person unable to  read  and  write  the
  English language.