N.Y. Legislative Law § 64: Contested elections

§ 64. Contested elections. Upon the application of any person desirous

of obtaining testimony respecting the election of a member of either

house, for the purpose of contesting an election, or resisting a contest

thereof, any county judge of the county, or justice of the supreme court

of the district, or the mayor or recorder of a city in which the member

or applicant shall reside, may require the attendance of persons named

by the applicant, at a specified time and place, to be examined

respecting such election; and shall, at the same time, issue a notice to

the opposite party of the time, place and object of such examination.

The notice shall be served in the same manner as a notice of motion in a

court of record. At the time appointed for the examination, upon proof

of the due service of such notice, the witnesses who shall attend or who

shall be produced by either party, shall be examined under oath before

such officer, respecting such matters relating to the election about to

be contested, as shall be proposed by either party. The testimony given

upon such examination shall be reduced to writing, signed by the

witnesses respectively, certified by the officer before whom it was

taken, and with the subpoena, notice and proof of the service thereof,

shall be sent by him under seal to the secretary or the clerk of the

house to which the election pertains.

A witness attending before such officer, by virtue of a subpoena,

shall receive the same fees as are allowed to witnesses in civil suits

in courts of record, to be paid by the party at whose instance such

witness was summoned.