New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1812. Leave to issue execution against decedent's real property

For the purpose of procuring a decree granting leave to issue execution against a decedent's real property a judgment creditor shall present to the court a verified petition showing the facts and praying for such decree and that the person whose interest in the property will be affected by a sale by virtue of the execution and the fiduciary of the judgment debtor may be required to show cause why it should not be granted. Upon the presentation of the petition the court must issue process accordingly. The process must be served either personally or in such manner as directed by the court and upon the return thereof the court may make such decree as justice shall require.