N.Y. C.P.L.R. 409

Rule 409. Hearing. (a) Furnishing of papers; filing. Upon the hearing,\neach party shall furnish to the court all papers served by him. The\npetitioner shall furnish all other papers not already in the possession\nof the court necessary to the consideration of the questions involved.\nWhere such papers are in the possession of an adverse party, they shall\nbe produced by such party at the hearing on notice served with the\npetition. The court may require the submission of additional proof. All\npapers furnished to the court shall be filed unless the court orders\notherwise.\n (b) Summary determination. The court shall make a summary\ndetermination upon the pleadings, papers and admissions to the extent\nthat no triable issues of fact are raised. The court may make any orders\npermitted on a motion for summary judgment.\n