N.Y. Surr. Ct. Proc. Act § 1611
If it appears that the foreign probate or the grant of foreign administration was based upon the disappearance or absence of the person on whose property ancillary letters are sought under circumstances as to afford reasonable ground to believe that he is dead process shall issue to the disappeared or absent person and shall be served upon him by publication. It shall also be served upon the public administrator of the county or if there be none, upon the county treasurer. If it appears to the satisfaction of the court from the foreign probate or grant of administration or from such other proof as it may require, that such person be dead, it may make a decree determining that fact and granting ancillary administration as prescribed in this article.
N.Y. Surr. Ct. Proc. Act Law § 1611