N.Y. Real Property Actions & Proceedings Law § 1122

§ 1122. General provisions respecting the commission. It is not\nnecessary, unless the court specially so directs, that the witnesses to\nbe examined should be named in the commission, or that interrogatories\nshould be annexed thereto. The commission must be executed and returned,\nand the deposition taken must be filed and used, as prescribed by law\nfor depositions taken without the state for use within the state, except\nas otherwise specially prescribed in this article.\n