New York Consolidated Laws, Military Law - MIL § 301-b. Extension of benefits to dependents

1. Dependents of a person in military service shall be entitled to the benefits accorded to persons in military service under the provisions of this article upon application to a court therefor, unless in the opinion of the court the ability of such dependents to comply with the terms of the obligation, contract, lease, or bailment has not been materially impaired by reason of the military service of the person upon whom the applicants are dependent.

2. If no court proceeding is pending, the dependent claiming entitlement may initially apply to any agency, private party, business or other entity to whom the claim for benefit is made. Such agency, private party, business or other entity shall grant such entitlement unless the ability of such dependents to comply with the terms of the obligation, contract, lease, or bailment has not been materially impaired by reason of the military service of the person upon whom the applicants are dependent. Such initial application in accordance with this subdivision shall in no way affect the ability of such dependents to apply to a court as authorized by subdivision one of this section.