N.Y. Civil Practice Law & Rules § 408: Disclosure

§ 408. Disclosure. Leave of court shall be required for disclosure

except for a notice under section 3123. A notice under section 3123 may

be served at any time not later than three days before the petition is

noticed to be heard and the statement denying or setting forth the

reasons for failing to admit or deny shall be served not later than one

day before the petition is noticed to be heard, unless the court orders

otherwise on motion made without notice. This section shall not be

applicable to proceedings in a surrogate's court, nor to proceedings

relating to express trusts pursuant to article 77, both of which shall

be governed by article 31.