§ 1802 SECTION 1802 By whom maintained
RPAPL § 1802
1.Except as provided in subdivision two, the special proceeding may be maintained only by the general or testamentary guardian or guardian appointed by deed of the property of the infant, or by the committee of the property of the incompetent person, or by the conservator of the property of a conservatee. Where it is maintained in behalf of an infant of the age of fourteen years or upwards, the infant must join therein.
2.Where the value of the claim does not exceed one thousand dollars, the special proceeding may be maintained by the father, or mother, or some competent person with whom the infant, incompetent person or conservatee resides, or who has some interest in his welfare. Where, however, there is an existing general or testamentary guardian of the property of such infant, or a committee of the property of such incompetent person, or a conservator of the property of such conservatee, the proceeding may be maintained only by such representative.
