2006 New York Code - 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.