New York Laws
Article 23 - Subpoenas, Oaths and Affirmations
2302 - Authority to Issue.

(b) Issuance by court. A subpoena to compel production of an original
record or document where a certified transcript or copy is admissible in
evidence, or to compel attendance of any person confined in a
penitentiary or jail, shall be issued by the court. Unless the court
orders otherwise, a motion for such subpoena shall be made on at least
one day's notice to the person having custody of the record, document or
person confined. A subpoena to produce a prisoner so confined shall be
issued by a judge to whom a petition for habeas corpus could be made
under subdivision (b) of section seven thousand two of this chapter or a
judge of the court of claims, if the matter is pending before the court
of claims, or a judge of the surrogate's court, if the matter is pending
before the surrogate's court, or a judge or support magistrate of the
family court, if the matter is pending before the family court, or a
judge of the New York city civil court, if the matter is pending before
the New York city civil court and it has been removed thereto from the
supreme court pursuant to subdivision (d) of section three hundred
twenty-five of this chapter. In the absence of an authorization by a
patient, a trial subpoena duces tecum for the patient's medical records
may only be issued by a court.