N.Y. Civil Practice Law & Rules § 1019: Substitution of public officers

§ 1019. Substitution of public officers. If a person made a party in

his capacity as public officer dies or otherwise ceases to hold office,

the action may be continued by or against his successor if it is shown

to the court that there is need for so continuing it. Before a

substitution is made his successor and, unless the court otherwise

orders, the party shall be given reasonable notice of the motion and

accorded an opportunity to object. When, in accordance with section

1023, an officer is described by his official title and his name is not

added, no substitution is necessary.