§ 408. Disclosure. Leave of court shall be required for disclosure
except for a notice under section 3123. A notice under section 3123 may
be served at any time not later than three days before the petition is
noticed to be heard and the statement denying or setting forth the
reasons for failing to admit or deny shall be served not later than one
day before the petition is noticed to be heard, unless the court orders
otherwise on motion made without notice. This section shall not be
applicable to proceedings in a surrogate's court, nor to proceedings
relating to express trusts pursuant to article 77, both of which shall
be governed by article 31.