2010 New York Code
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
R3108 - Written questions; when permitted.

Rule  3108.  Written  questions;  when  permitted. A deposition may be
  taken on written questions when the examining party and the deponent  so
  stipulate  or  when  the  testimony  is to be taken without the state. A
  commission  or  letters  rogatory  may  be  issued  where  necessary  or
  convenient for the taking of a deposition outside of the state.

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