N.Y. Real Property Law § 339-b: Powers of department

§ 339-b. Powers of department. The department of state may also

require such other data and information as it may deem relevant and may

make such special and independent investigations as it may deem

necessary in connection with the administration of this article. The

department of state by its examiner or other officer designated by it is

empowered to subpoena witnesses, compel their attendance, examine them

under oath before him or a magistrate, a court of record or a judge or

justice thereof and require the production of any books or papers which

he deems relevant or material to the inquiry. Such power of subpoena and

examination shall not abate or terminate by reason of any action or

proceeding brought by the department of state under this article. The

provisions for payment of witness fee and/or mileage do not apply to any

officer, director or person in the employ of any person, partnership,

corporation, company, trust or association whose conduct or practices

are being investigated. A subpoena issued under this section shall be

regulated by the civil practice law and rules and, in addition, if a

person subpoenaed to attend such inquiry fails to obey the command of a

subpoena without reasonable cause, or if a person in attendance upon

such inquiry shall without reasonable cause refuse to be sworn or to be

examined or to answer a question or to produce a book or paper when

ordered so to do by the officer conducting such inquiry, or if a person,

partnership, corporation, company, trust or association fails to perform

any act required hereunder to be performed, he shall be guilty of a

misdemeanor. It shall be the duty of all public officers, their

deputies, assistants, subordinates, clerks or employees and all other

persons to render and furnish to the department of state, its examiner

or other designated officer when requested all information and

assistance in their possession or within their power. Any officer

participating in such inquiry who shall disclose to any person other

than the secretary of state the name of any witness examined or any

other information obtained upon such inquiry except as directed by the

secretary of state shall be guilty of a misdemeanor.