N.Y. Surr. Ct. Proc. Act § 507

§ 507. Testimony of witness\n 1. The testimony of a witness may be taken at any place the court\ndirects. The party applying therefor shall give such notice of the time\nand place of taking the examination as the court prescribes and shall\npay the court its actual and necessary expenses incurred in taking\ntestimony at a place other than the court.\n 2. In any uncontested proceeding where an attesting or a material\nwitness who is in another county of the state cannot conveniently attend\nbefore the court it may make an order directing that the witness be\nexamined in the surrogate's court of another county and specifying the\nnature and manner of the examination. A copy of the order must be\ntransmitted to the surrogate so designated, together with the original\nwill or court certified reproduction thereof, where the testimony\nrelates to the execution of a will. The examination may be taken by one\nof the clerks of the court. After the examination is reduced to writing\nand subscribed by the witness or otherwise duly authenticated, it,\ntogether with a statement of the proceeding upon the execution of the\norder, must be certified by the surrogate or clerk taking the\nexamination, attested by the seal of his court and returned with the\noriginal will or court certified reproduction thereof, if any, to the\ncourt which directed the examination, which must file the same in its\noffice.\n