N.Y. Real Property Actions & Proceedings Law § 1124

§ 1124. Execution thereof. The commissioner or commissioners possess\nthe same powers, and must proceed in the same manner, as a referee,\nappointed by an order requiring the production of the tenant for life,\nor proof of his existence; except that they cannot proceed unless a\nperson is produced before them, as being the person whose death is in\nquestion. The return to the commission must expressly state whether any\nperson was or was not so produced. The testimony respecting the identity\nof a person so produced must be taken, unless otherwise specially\ndirected by the court, as prescribed by law, for taking the deposition\nof a witness upon oral interrogatories except that it is not necessary\nto give any other notice of the time and place of examination than that\nprescribed in section 1123.\n