N.Y. SCP Law § 1004

§ 1004. Proceedings upon return of process; decree\n 1. Upon the return of process in a proceeding for letters of\nadministration upon the estate of a person alleged to be deceased the\ncourt must inquire into the facts and take proof thereof and if it\nappears that he is dead the court may make a decree so determining and\ndirecting the issuance of letters of administration upon his estate as\nprayed for in the petition or to such other person who may appear\nentitled thereto.\n 2. When process has issued and been returned with proof of due\nservice thereof and no objections have been interposed to the\nappointment of the petitioner the court may make a decree granting\nletters of administration as prayed for in the petition or to such other\nperson who may appear entitled thereto.\n 3. When the issuance and service of process is not necessary or has\nbeen dispensed with the court may make a decree granting letters of\nadministration as prayed for in the petition or to such other person who\nmay appear entitled thereto upon presentation of the petition.\n