N.Y. Court of Claims Law § 18

§ 18. Expense of procuring testimony on commission or deposition.\nWhen testimony is taken on commission or deposition at the instance of\nthe claimant, the expense thereof including the fees of the\ncommissioner, shall be paid by the claimant; and when taken at the\ninstance of the state, such fees and all expenses incurred by the\nattorney-general shall be paid by the state.\n