N.Y. Family Court Act § 433: Hearing

§ 433. (a) Hearing. Upon the return of the summons or when a

respondent is brought before the court pursuant to a warrant, the court

shall proceed to hear and determine the case. The respondent shall be

informed of the contents of the petition, advised of his right to

counsel, and shall be given opportunity to be heard and to present

witnesses. The court may exclude the public from the court room in a

proper case.

(b) If the initial return of a summons or warrant is before a judge of

the court, when support is an issue, the judge must make an immediate

order, either temporary or permanent with regard to support. If a

temporary order is made, the court shall refer the issue of support to a

support magistrate for final determination pursuant to sections four

hundred thirty-nine and four hundred thirty-nine-a of this act.

Procedures shall be established by the chief administrator of the courts

which shall provide for the disposition of all support matters or a

referral to a support magistrate prior to the conclusion of a

respondent's first appearance before the court. Such procedures shall

provide for referral of support issues by appropriate clerical staff of

the family court at any time after a petition has been presented to the

court.

(c) In any proceeding under this article, the court may permit a party

or a witness to be deposed or to testify by telephone, audio-visual

means, or other electronic means at a designated family court or other

location:

(i) where such party or witness resides in a county other than that of

the family court where the case is pending and that of any contiguous

county; provided, however, that for the purposes of this section, the

five counties of New York city shall be treated as one county;

(ii) where such party or witness is presently incarcerated and will be

incarcerated on the date on which the hearing or deposition is scheduled

and is not expected to be released within a reasonable period of time

after the date on which the hearing or deposition is scheduled; or

(iii) where the court determines that it would be an undue hardship

for such party or witness to testify or to be deposed at the family

court where the case is pending.

(d) Any such deposition or testimony taken by telephone, audio-visual

means or other electronic means in accordance with subdivision (c) of

this section shall be recorded and preserved for transcription. Where a

party or witness is deposed or testifies by telephone, audio-visual or

other electronic means pursuant to this section, documentary evidence

referred to by a party or witness or the court may be transmitted by

facsimile, telecopier, or other electronic means and may not be excluded

from evidence by reason of an objection based on the means of

transmission. The chief administrator of the courts shall promulgate

rules to facilitate the taking of testimony by telephone, audio-visual

means or other electronic means.