2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 4 - (401 - R411) SPECIAL PROCEEDINGS
R409 - Hearing.

 
    Rule 409. Hearing. (a) Furnishing of papers; filing. Upon the hearing,
  each  party  shall  furnish  to  the court all papers served by him. The
  petitioner shall furnish all other papers not already in the  possession
  of  the  court necessary to the consideration of the questions involved.
  Where such papers are in the possession of an adverse party, they  shall
  be  produced  by  such  party  at  the hearing on notice served with the
  petition. The court may require the submission of additional proof.  All
  papers  furnished  to  the  court shall be filed unless the court orders
  otherwise.
    (b)  Summary  determination.  The   court   shall   make   a   summary
  determination  upon  the  pleadings, papers and admissions to the extent
  that no triable issues of fact are raised. The court may make any orders
  permitted on a motion for summary judgment.