N.Y. Real Property Actions & Proceedings Law § 1104

§ 1104. Proceedings upon presentation of petition. Upon the\npresentation of the petition and affidavit, with due proof, by\naffidavit, of service of a copy thereof, and of the notice, if\nsufficient cause to the contrary is not shown by the adverse party, the\ncourt must either issue a commission, as prescribed in the following\nsections of this article or make an order, directing the adverse party,\nat a time and place therein specified, before the court, or a referee\ntherein designated, to produce the person upon whose life the prior\nestate depends, or, in default thereof, to prove that he is living.\n