2013 New York Consolidated Laws
BSC - Business Corporation
Article 12 - (1201 - 1218) RECEIVERSHIP
1209 - Recovery of assets.

 
  § 1209. Recovery of assets.
    (a) Whenever  a receiver, by verified petition to the supreme court at
  a special term held in the judicial district in which he  was  appointed
  shall show that he has good reason to believe that any person has in his
  possession  or  under his control, or has wrongfully concealed, withheld
  or disposed of, any property of the corporation, or that any person  can
  testify  concerning such facts, the court, with or without notice, shall
  make an order requiring such person to appear  before  the  court  or  a
  referee,  at  a  time and place designated, and submit to an examination
  concerning such facts. In such order, or at any time thereafter, in  its
  discretion, the court may enjoin and restrain such person from disposing
  of  any  property  of  the  corporation  in  his possession or under his
  control.
    (b) In any examination under such order, the court may confer immunity
  in accordance with the provisions  of  section  50.20  of  the  criminal
  procedure  law; provided that no immunity shall be conferred except upon
  twenty-four hours prior  written  notice  to  the  appropriate  district
  attorney having an official interest therein.
    (c) A  person  so ordered to appear shall be entitled to the same fees
  and mileage, to be paid at the time of serving the order, as are allowed
  by law to witnesses subpoenaed to attend and testify in an action in the
  supreme court, and shall be subject to the same penalties  upon  failure
  to  appear and testify in obedience to such order as are provided by law
  in the case of witnesses who fail to  obey  a  subpoena  to  appear  and
  testify in an action.
    (d) A  person  appearing  for  examination  in obedience to such order
  shall be sworn,  and  shall  be  entitled  to  be  represented  on  such
  examination  by  counsel,  and  may  be  cross-examined,  or  may make a
  voluntary statement in his own behalf  concerning  the  subject  of  his
  examination.
    (e) The  testimony taken under such order shall be signed and sworn to
  by the person examined, and be filed in the office of the clerk  of  the
  county  where  the  action  or proceeding is pending. If it shall appear
  that any person is wrongfully concealing or withholding, or has  in  his
  possession  or  under  his  control, any property of the corporation, on
  notice to him, the court may make an order requiring  him  forthwith  to
  deliver it to the receiver, subject to the further order of the court.