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.
New York Legal Code