N.Y. Surrogate's Court Procedure Act § 1909: Rights of the parties to be determined; unknowns 1

§ 1909. Rights of the parties to be determined; unknowns

1. Where an order is made directing the sale of the real property for

distribution or directing the transfer thereof to a spouse or

beneficiary the court may fix and determine the rights and interests of

the respective parties in the order, or may postpone the determination

until the final judicial settlement of the accounts of the fiduciary.

2. If a party entitled to an estate or interest in the property is

made a party as a person unknown the court must provide for the

protection of his rights, as far as may be, as if he were known and had

appeared.