N.Y. Civil Practice Law & Rules § 2307: Books, papers and other things of a library, department or bureau of a municipal corporation or of the state

§ 2307. Books, papers and other things of a library, department or

bureau of a municipal corporation or of the state. Issuance by court. A

subpoena duces tecum to be served upon a library, or a department or

bureau of a municipal corporation or of the state, or an officer

thereof, requiring the production of any books, papers or other things,

shall be issued by a justice of the supreme court in the district in

which the book, paper or other thing is located or by a judge of the

court in which an action for which it is required is triable. Unless the

court orders otherwise, a motion for such subpoena shall be made on at

least one day's notice to the library, department, bureau or officer

having custody of the book, document or other thing and the adverse

party. Such subpoena must be served upon such library, or such

department or bureau of such municipal corporation or of the state or an

officer having custody of the book, document or other thing and the

adverse party at least twenty-four hours before the time fixed for the

production of such records unless in the case of an emergency the court

shall by order dispense with such notice otherwise required. Compliance

with a subpoena duces tecum may be made by producing a full-sized

legible reproduction of the item or items required to be produced

certified as complete and accurate by the person in charge of such

library, department or bureau, or a designee of such person, and no

personal appearance to certify such item or items shall be required of

such person or designee, unless the court shall order otherwise pursuant

to subdivision (d) of rule 2214 of this chapter. Where a stipulation

would serve the same purpose as production of the book, document or

other thing and the subpoena is required because the parties will not

stipulate, the judge may impose terms on any party, including the cost

of production of the book or document, and require such cost to be paid

as an additional fee to the library, department or officer.