2006 New York Code - Contested Elections.

 
    § 64. Contested elections. Upon the application of any person desirous
  of  obtaining  testimony  respecting  the election of a member of either
  house, for the purpose of contesting an election, or resisting a contest
  thereof, any county judge of the county, or justice of the supreme court
  of the district, or the mayor or recorder of a city in which the  member
  or  applicant  shall reside, may require the attendance of persons named
  by the applicant,  at  a  specified  time  and  place,  to  be  examined
  respecting such election; and shall, at the same time, issue a notice to
  the  opposite  party  of the time, place and object of such examination.
  The notice shall be served in the same manner as a notice of motion in a
  court of record. At the time appointed for the examination,  upon  proof
  of the due service of such notice, the witnesses who shall attend or who
  shall  be  produced by either party, shall be examined under oath before
  such officer, respecting such matters relating to the election about  to
  be  contested, as shall be proposed by either party. The testimony given
  upon such examination  shall  be  reduced  to  writing,  signed  by  the
  witnesses  respectively,  certified  by  the  officer before whom it was
  taken, and with the subpoena, notice and proof of the  service  thereof,
  shall  be  sent  by  him under seal to the secretary or the clerk of the
  house to which the election pertains.
    A witness attending before such officer,  by  virtue  of  a  subpoena,
  shall  receive  the same fees as are allowed to witnesses in civil suits
  in courts of record, to be paid by the  party  at  whose  instance  such
  witness was summoned.