US Laws, Codes, Statutes & Cases

 
  § 1209. Recovery of assets.
    (a)  Whenever a receiver, by verified petition to the supreme court at
  a  special term held in the judicial district in which he was appointed,
  shall show that he has good reason to believe that any person has in his
  possession or under his control, or has wrongfully  concealed,  withheld
  or  disposed of, any property of the corporation, or that any person can
  testify concerning such facts, the court, with or without notice,  shall
  make  an  order  requiring  such  person to appear before the court or a
  referee, at a time and place designated, and submit  to  an  examination
  concerning such facts.  In such order, or at any time thereafter, in its
  discretion, the court may enjoin and restrain such person from disposing
  of  any  property  of  the  corporation  in  his possession or under his
  control.
    (b)   In any examination  under  such  order,  the  court  may  confer
  immunity  in  accordance  with  the  provisions  of  section six hundred
  nineteen-c of the code of criminal procedure; provided that no  immunity
  shall be conferred except upon twenty-four hours prior written notice to
  the appropriate district attorney having an official interest therein.
    (c)   A person so ordered to appear shall be entitled to the same fees
  and mileage, to be paid at the time of serving the order, as are allowed
  by law to witnesses subpoenaed to attend and testify in an action in the
  supreme court, and shall be subject to the same penalties  upon  failure
  to  appear and testify in obedience to such order as are provided by law
  in the case of witnesses who fail to  obey  a  subpoena  to  appear  and
  testify in an action.
    (d)    A  person  appearing for examination in obedience to such order
  shall be sworn,  and  shall  be  entitled  to  be  represented  on  such
  examination  by  counsel,  and  may  be  cross-examined,  or  may make a
  voluntary statement in his own behalf  concerning  the  subject  of  his
  examination.
    (e)  The testimony taken under such order shall be signed and sworn to
  by  the  person examined, and be filed in the office of the clerk of the
  county where the action or proceeding is pending.   If it  shall  appear
  that  any  person is wrongfully concealing or withholding, or has in his
  possession or under his control, any property  of  the  corporation,  on
  notice  to  him,  the court may make an order requiring him forthwith to
  deliver it to the receiver, subject to the further order of the court.