New York Laws
Article 680 - Securing Testimony Outside the State for Use in Proceeding Within the State-Examination of Witnesses on Commission
680.80 - Examination of Witnesses on Commission; Use at Trial of Transcript of Examination.

transcript of examination.

1. When the transcript and record of the examination on commission
are received by the superior court which issued the commission, they
must be filed therewith if such court be the trial court, and, if not,
transmitted to the trial court. A copy of the transcript must be
delivered by the trial court to each party.

2. Upon the trial of the action, either party may, subject to the
provisions of subdivision three, introduce and read into evidence the
transcript or that portion thereof containing the testimony of a witness
examined on the commission.

3. At any time prior to the introduction of such evidence, the trial
court may examine the transcript and, upon according both parties
opportunity to be heard and to register objections, may exclude and
strike therefrom irrelevant, incompetent or otherwise inadmissible
testimony. While the transcript or any portion thereof is being read
into evidence at the trial by a party, the other party may register any
objection or protest thereto that he would be entitled to register were
the witness testifying in person, regardless of whether such protest has
previously been raised and passed upon by the court, and the court must
rule thereon.