N.Y. Real Property Actions & Proceedings Law § 1104: Proceedings upon presentation of petition

§ 1104. Proceedings upon presentation of petition. Upon the

presentation of the petition and affidavit, with due proof, by

affidavit, of service of a copy thereof, and of the notice, if

sufficient cause to the contrary is not shown by the adverse party, the

court must either issue a commission, as prescribed in the following

sections of this article or make an order, directing the adverse party,

at a time and place therein specified, before the court, or a referee

therein designated, to produce the person upon whose life the prior

estate depends, or, in default thereof, to prove that he is living.