2006 New York Code - Proof Of Will By Affidavit Of Attesting Witness Out Of Court

 
  § 1406. Proof of will by affidavit of attesting witness out of court
    1.  In addition to other procedures prescribed for the proof of wills,
  any  or  all  of the attesting witnesses to a will may at the request of
  the testator or after his death, at the request of the executor named in
  the will or of the proponent or the attorney for the proponent or of any
  person interested, make an affidavit before any  officer  authorized  to
  administer oaths stating such facts as would if uncontradicted establish
  the  genuineness of the will, the validity of its execution and that the
  testator at the time of execution was in all respects competent to  make
  a will and not under any restraint.  The sworn statement of a witness so
  taken  shall be accepted by the court as though it had been taken before
  the court, unless:
    (a)  a party entitled to process in the  proceeding  raises  objection
  thereto or
    (b)    for  any other reason the court may require that the witness or
  witnesses be produced and examined.
    2.   For the purposes of making the  affidavit  referred  to  in  this
  section,  after  the  death  of  the  testator,  the  exhibition  to the
  witnesses of a court-certified photographic  reproduction  of  the  will
  shall  be  deemed  equivalent  to the exhibition to them of the original
  will.