N.Y. Surr. Ct. Proc. Act § 1611

§ 1611. Ancillary administration of estate of absentee\n If it appears that the foreign probate or the grant of foreign\nadministration was based upon the disappearance or absence of the person\non whose property ancillary letters are sought under circumstances as to\nafford reasonable ground to believe that he is dead process shall issue\nto the disappeared or absent person and shall be served upon him by\npublication. It shall also be served upon the public administrator of\nthe county or if there be none, upon the county treasurer. If it\nappears to the satisfaction of the court from the foreign probate or\ngrant of administration or from such other proof as it may require, that\nsuch person be dead, it may make a decree determining that fact and\ngranting ancillary administration as prescribed in this article.\n