New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1909. Rights of the parties to be determined;  unknowns

1. Where an order is made directing the sale of the real property for distribution or directing the transfer thereof to a spouse or beneficiary the court may fix and determine the rights and interests of the respective parties in the order, or may postpone the determination until the final judicial settlement of the accounts of the fiduciary.

2. If a party entitled to an estate or interest in the property is made a party as a person unknown the court must provide for the protection of his rights, as far as may be, as if he were known and had appeared.