It is always better to retain an attorney for an estate administration proceeding. That said, the forms that you are looking for are at: http://www.courts.state.ny.us/forms/surrogates/administration.shtml
Q. Does Earning Rental Income from a residential Property constitute conducting an actual business in New York?
A. Yes. This issue was raised in Supreme Realty Assoc. Co. v. Korovessis, 171 Misc.2d 996, 656 N.Y.S.2d 797 (1977). The issue in that case was, "does ownership of income-generating real property constitute the carrying on, conduct or transaction of business for purposes of GBL § 130?" The court answered in the affirmative.
"It is axiomatic that business is transacted when...
The house passes through the estate. From the estate the house would be divided between you and your children pursuant to NY intestacy laws. You would have to start an administration proceeding since there is no will.
Feel free to telephone my office to discuss further.
You would have to file a motion holding your husband in contempt of court. Included in the motion is a copy of the Order, a documents demonstrating the husband's receipt and knowledge, and an affidavit from you setting forth that the husband failed to pay temporary child support and maintenance pursuant to the Order.
The short answer is no. There is no self help eviction if you are living in the apartment. To evict an individual you would have to obtain a warrant of eviction either through a landlord - tenant proceeding or an ejectment proceeding in Supreme Court.
In a bulk sale you would have to determine what is merchandise subject to sales tax and what is "good will".
After you determine the value of the merchandise, you will have to complete and file Form AU-196.10 with the NYS Department of Taxation and Finance. With the form you will have to pay the sales tax. The rate for sales tax is determined where the prinicipal place of the business is located.
Too many issues need to be addressed before this question is answered.
NYC is difficult in having real property transferred, especially with the ACRIS program. I would suggest obtaining an attorney. Most attorneys (including my office) will charge a flat fee for the service.