2006 New York Code - 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.