N.Y. Civil Practice Law & Rules § 409: Hearing

Rule 409. Hearing. (a) Furnishing of papers; filing. Upon the hearing,

each party shall furnish to the court all papers served by him. The

petitioner shall furnish all other papers not already in the possession

of the court necessary to the consideration of the questions involved.

Where such papers are in the possession of an adverse party, they shall

be produced by such party at the hearing on notice served with the

petition. The court may require the submission of additional proof. All

papers furnished to the court shall be filed unless the court orders

otherwise.

(b) Summary determination. The court shall make a summary

determination upon the pleadings, papers and admissions to the extent

that no triable issues of fact are raised. The court may make any orders

permitted on a motion for summary judgment.