N.Y. Surrogate's Court Procedure Act § 507: Testimony of witness 1

§ 507. Testimony of witness

1. The testimony of a witness may be taken at any place the court

directs. The party applying therefor shall give such notice of the time

and place of taking the examination as the court prescribes and shall

pay the court its actual and necessary expenses incurred in taking

testimony at a place other than the court.

2. In any uncontested proceeding where an attesting or a material

witness who is in another county of the state cannot conveniently attend

before the court it may make an order directing that the witness be

examined in the surrogate's court of another county and specifying the

nature and manner of the examination. A copy of the order must be

transmitted to the surrogate so designated, together with the original

will or court certified reproduction thereof, where the testimony

relates to the execution of a will. The examination may be taken by one

of the clerks of the court. After the examination is reduced to writing

and subscribed by the witness or otherwise duly authenticated, it,

together with a statement of the proceeding upon the execution of the

order, must be certified by the surrogate or clerk taking the

examination, attested by the seal of his court and returned with the

original will or court certified reproduction thereof, if any, to the

court which directed the examination, which must file the same in its

office.