New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1007. Administration de bonis non

1. When the office of administrator becomes vacant for any reason the court may grant letters of administration de bonis non to one or more eligible persons and the proceedings to procure such letters shall be the same as upon an application for original letters of administration.

2. Where the estate has been partially administered by the former fiduciary the court may fix the penalty of the bond in a sum not less than the value of the assets of the estate remaining unadministered.

3. The court may refuse to issue letters of administration de bonis non where distribution of the estate is possible pursuant to the provisions of 2207.