N.Y. Real Property Actions & Proceedings Law § 1112: When life tenant deemed dead and petitioner let into possession

§ 1112. When life tenant deemed dead and petitioner let into

possession. If it appears from the referee's report, or upon the

hearing before the court, that the person upon whose life the prior

estate depends was not produced and if the party required to produce

him, or to prove his existence has not proved to the satisfaction of the

court that he is living, a final order must be made, declaring that he

is presumed to be dead, for the purpose of the proceedings, and

directing that the petitioner be forthwith let into possession of the

real property, as if that person was actually dead.