In East Harlem Pilot Block Bldg. 1 Hous. Dev. Fund Corp. v. Serrano (153 Misc 2d 776 [Civ Ct, NY County 1992]), the court found that in order for a landlord to maintain a summary eviction proceeding for nonpayment of rent brought pursuant to RPAPL 711 (2), the landlord first must determine whether an estate representative has been appointed and must ascertain the existence and identity of any surviving spouse, children or distributees. The court also found that if no such representative or person exists, then the landlord must petition the Surrogate's Court pursuant to SCPA 1001 (8) and 1002 to have the Public Administrator appointed as the personal representative of the decedent's estate, prior to the commencement of a summary proceeding for nonpayment of rent against the estate, which must name the Public Administrator in his/her representative capacity as respondent. (Id. at 778-780; see also EPTL 11-3.1.) Ultimately, the court denied petitioner's application for a default judgment of possession against a tenant who was deceased at the time the summary proceeding was commenced and held that petitioner could not avail himself of the relief afforded by RPAPL 711 (2) because petitioner had not yet determined whether an estate representative had been appointed, had not petitioned for the appointment of the Public Administrator, and had no information regarding survivors. (Id. at 778-780.)