N.Y. Surr. Ct. Proc. Act § 1121

§ 1121. Grant of letters to others\n If any eligible distributee of the decedent shall petition to\nsupersede the public administrator within 4 months after the public\nadministrator has become vested with the powers of a fiduciary on the\nestate letters shall be granted to him upon proof that the petitioner\ndid not receive notice of the application by the public administrator\nand upon the further showing that all persons prior or equal in right\nhave been served and have defaulted or waived; but the court may refuse\nto supersede the public administrator if 6 months have elapsed since he\nbecame vested with the powers of a fiduciary.\n