N.Y. Fam. Ct. Act § 519

§ 519. Effect of death, absence or mental illness of putative father.\nIf, at any time before or after a petition if filed, the putative father\ndies, or becomes mentally ill or cannot be found within the state,\nneither the proceeding nor the right to commence the proceeding shall\nnecessarily abate but may be commenced or continued by any of the\npersons authorized by this article to commence a paternity proceeding\nwhere:\n (a) the putative father was the petitioner in the paternity\nproceeding; or,\n (b) the putative father acknowledged paternity of the child in open\ncourt; or,\n (c) a genetic marker or DNA test had been administered to the putative\nfather prior to his death; or,\n (d) the putative father has openly and notoriously acknowledged the\nchild as his own.\n