§ 1209. Recovery of assets.

(a) Whenever a receiver, by verified petition to the supreme court at
a special term held in the judicial district in which he was appointed
shall show that he has good reason to believe that any person has in his
possession or under his control, or has wrongfully concealed, withheld
or disposed of, any property of the corporation, or that any person can
testify concerning such facts, the court, with or without notice, shall
make an order requiring such person to appear before the court or a
referee, at a time and place designated, and submit to an examination
concerning such facts. In such order, or at any time thereafter, in its
discretion, the court may enjoin and restrain such person from disposing
of any property of the corporation in his possession or under his
control.

(b) In any examination under such order, the court may confer immunity
in accordance with the provisions of section 50.20 of the criminal
procedure law; provided that no immunity shall be conferred except upon
twenty-four hours prior written notice to the appropriate district
attorney having an official interest therein.

(c) A person so ordered to appear shall be entitled to the same fees
and mileage, to be paid at the time of serving the order, as are allowed
by law to witnesses subpoenaed to attend and testify in an action in the
supreme court, and shall be subject to the same penalties upon failure
to appear and testify in obedience to such order as are provided by law
in the case of witnesses who fail to obey a subpoena to appear and
testify in an action.

(d) A person appearing for examination in obedience to such order
shall be sworn, and shall be entitled to be represented on such
examination by counsel, and may be cross-examined, or may make a
voluntary statement in his own behalf concerning the subject of his
examination.

(e) The testimony taken under such order shall be signed and sworn to
by the person examined, and be filed in the office of the clerk of the
county where the action or proceeding is pending. If it shall appear
that any person is wrongfully concealing or withholding, or has in his
possession or under his control, any property of the corporation, on
notice to him, the court may make an order requiring him forthwith to
deliver it to the receiver, subject to the further order of the court.