§ 1209. Recovery of assets.\n (a) Whenever a receiver, by verified petition to the supreme court at\na special term held in the judicial district in which he was appointed\nshall show that he has good reason to believe that any person has in his\npossession or under his control, or has wrongfully concealed, withheld\nor disposed of, any property of the corporation, or that any person can\ntestify concerning such facts, the court, with or without notice, shall\nmake an order requiring such person to appear before the court or a\nreferee, at a time and place designated, and submit to an examination\nconcerning such facts. In such order, or at any time thereafter, in its\ndiscretion, the court may enjoin and restrain such person from disposing\nof any property of the corporation in his posse
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§ 1209. Recovery of assets.\n (a) Whenever a receiver, by verified petition to the supreme court at\na special term held in the judicial district in which he was appointed\nshall show that he has good reason to believe that any person has in his\npossession or under his control, or has wrongfully concealed, withheld\nor disposed of, any property of the corporation, or that any person can\ntestify concerning such facts, the court, with or without notice, shall\nmake an order requiring such person to appear before the court or a\nreferee, at a time and place designated, and submit to an examination\nconcerning such facts. In such order, or at any time thereafter, in its\ndiscretion, the court may enjoin and restrain such person from disposing\nof any property of the corporation in his possession or under his\ncontrol.\n (b) In any examination under such order, the court may confer immunity\nin accordance with the provisions of section 50.20 of the criminal\nprocedure law; provided that no immunity shall be conferred except upon\ntwenty-four hours prior written notice to the appropriate district\nattorney having an official interest therein.\n (c) A person so ordered to appear shall be entitled to the same fees\nand mileage, to be paid at the time of serving the order, as are allowed\nby law to witnesses subpoenaed to attend and testify in an action in the\nsupreme court, and shall be subject to the same penalties upon failure\nto appear and testify in obedience to such order as are provided by law\nin the case of witnesses who fail to obey a subpoena to appear and\ntestify in an action.\n (d) A person appearing for examination in obedience to such order\nshall be sworn, and shall be entitled to be represented on such\nexamination by counsel, and may be cross-examined, or may make a\nvoluntary statement in his own behalf concerning the subject of his\nexamination.\n (e) The testimony taken under such order shall be signed and sworn to\nby the person examined, and be filed in the office of the clerk of the\ncounty where the action or proceeding is pending. If it shall appear\nthat any person is wrongfully concealing or withholding, or has in his\npossession or under his control, any property of the corporation, on\nnotice to him, the court may make an order requiring him forthwith to\ndeliver it to the receiver, subject to the further order of the court.\n