N.Y. Real Property Actions & Proceedings Law § 1105: Service of order; powers of court or referee

§ 1105. Service of order; powers of court or referee. Where an order

requiring the production of the tenant for life, or proof that he is

living, is made as prescribed in section 1104, a certified copy thereof

must be served, at least fourteen days before the time therein

specified, upon the person required to make the production or proof, or

upon his attorney. Upon presentation of proof of service, by affidavit,

the court or the referee must, at the time and place specified in the

order, or at the time and place to which the hearing may be adjourned,

hear the allegations and proofs of the parties, respecting the identity

of any person produced, with the person whose death is in question or,

if the latter person is not produced, respecting the reasons for the

failure to produce him, and whether he is living. Where a referee is

appointed, he has the same powers, and is entitled to the same

compensation, as a referee appointed for the trial of an issue in a

civil action in a court of record.