N.Y. Domestic Relations Law § 221: Procedure

§ 221. Procedure. The petition shall allege that the husband or wife

of such party has absented himself or herself for five successive years

then last past without being known to such party to be living during

that time; that such party believes such husband or wife to be dead; and

that a diligent search has been made to discover evidence showing that

such husband or wife is living, and no such evidence has been found. The

court shall thereupon by order require notice of the presentation and

object of such petition to be published in a newspaper in the English

language designated in the order as most likely to give notice to such

absent husband or wife once each week for three successive weeks; such

notice shall be directed to the husband or wife who has so absented

himself or herself and shall state the time and place of the hearing

upon such petition, which time shall be not less than forty days after

the completion of the publication of such notice; said notice must be

subscribed with the name of the petitioner and with the name of the

petitioner's attorney and with his office address, specifying a place

within the state where there is a post-office. If in a city, said notice

must also set forth the street and street number, if any, of such

attorney's office address or other suitable designation of the

particular locality in which said office address is located. In addition

to the foregoing requirements said notice must be in substantially the

following form, the blanks being properly filled: "Supreme court,

...........county. In the matter of the application of..........for

dissolution of his or her marriage with........ To................: Take

notice that a petition has been presented to this court

by..............., your husband or wife, for the dissolution of your

marriage on the ground that you have absented yourself for five

successive years last past without being known to him or her to be

living and that he or she believes you to be dead, and that pursuant to

an order of said court, entered the ......day of .........., 19....., a

hearing will be had upon said petition at the said supreme court,

............term part..........., in the ...............county court

house, in the.......... state of New York, on the................. day

of .............., 19...., at ........ o'clock in the ..........noon.

Dated............;" and if the court, after the filing of proof of the

proper publication of said notice and after a hearing and proof taken,

is satisfied of the truth of all the allegations contained in the

petition, it may make a final order dissolving such marriage.