There is a newer version of the New York Consolidated Laws
2006 New York Code - Expense Of Procuring Testimony On Commission Or Deposition.
§ 18. Expense of procuring testimony on commission or deposition. When testimony is taken on commission or deposition at the instance of the claimant, the expense thereof including the fees of the commissioner, shall be paid by the claimant; and when taken at the instance of the state, such fees and all expenses incurred by the attorney-general shall be paid by the state.
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