2010 New York Code
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
R3110 - Where the deposition is to be taken within the state.

Rule  3110.  Where  the  deposition is to be taken within the state. A
  deposition within the state on notice shall be taken:
    1. when the person to be examined is a party or an officer,  director,
  member  or employee of a party, within the county in which he resides or
  has an office for the regular transaction of business in person or where
  the action is pending; or
    2. when any other person to be examined  is  a  resident,  within  the
  county  in  which he resides, is regularly employed or has an office for
  the regular transaction of business  in  person,  or  if  he  is  not  a
  resident, within the county in which he is served, is regularly employed
  or has an office for the regular transaction of business in person; or
    3.  when  the  party  to  be  examined  is a public corporation or any
  officer, agent or employee thereof,  within  the  county  in  which  the
  action  is pending; the place of such examination shall be the office of
  any of the attorneys for such a public corporation or any officer, agent
  or authorized employee thereof unless the parties stipulate otherwise.
    For the purpose of this rule New York city  shall  be  considered  one
  county.

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