N.Y. Dom. Rel. Law § 113-a

§ 113-a. Effect of death of potential adoptive parent. Notwithstanding\nany other provision of law to the contrary, when a petition for adoption\nby two persons has been duly filed, and one of the petitioners dies\nbefore the adoption is complete, it shall be treated as a change of\ncircumstance. This change may be reviewed to assure that the adoption is\nin the best interest of the child. The death of one of the adoptive\nparents shall not, by itself, invalidate a certification nor shall the\ndeath of one of the adoptive parents cause a new petition for adoption\nto be filed. The deceased adoptive parent shall be considered one of the\nlegal parents, unless the surviving adoptive parent requests otherwise.\n