State Codes and Statutes

Statutes > New-york > Rpa > Article-11 > 1105

§  1105.  Service of order; powers of court or referee. Where an order  requiring the production of the tenant for life, or  proof  that  he  is  living,  is made as prescribed in section 1104, a certified copy thereof  must  be  served,  at  least  fourteen  days  before  the  time  therein  specified,  upon the person required to make the production or proof, or  upon his attorney. Upon presentation of proof of service, by  affidavit,  the  court  or  the referee must, at the time and place specified in the  order, or at the time and place to which the hearing may  be  adjourned,  hear  the allegations and proofs of the parties, respecting the identity  of any person produced, with the person whose death is in  question  or,  if  the  latter  person  is not produced, respecting the reasons for the  failure to produce him, and whether he is living.   Where a  referee  is  appointed,  he  has  the  same  powers,  and  is  entitled  to  the same  compensation, as a referee appointed for the trial  of  an  issue  in  a  civil action in a court of record.

State Codes and Statutes

Statutes > New-york > Rpa > Article-11 > 1105

§  1105.  Service of order; powers of court or referee. Where an order  requiring the production of the tenant for life, or  proof  that  he  is  living,  is made as prescribed in section 1104, a certified copy thereof  must  be  served,  at  least  fourteen  days  before  the  time  therein  specified,  upon the person required to make the production or proof, or  upon his attorney. Upon presentation of proof of service, by  affidavit,  the  court  or  the referee must, at the time and place specified in the  order, or at the time and place to which the hearing may  be  adjourned,  hear  the allegations and proofs of the parties, respecting the identity  of any person produced, with the person whose death is in  question  or,  if  the  latter  person  is not produced, respecting the reasons for the  failure to produce him, and whether he is living.   Where a  referee  is  appointed,  he  has  the  same  powers,  and  is  entitled  to  the same  compensation, as a referee appointed for the trial  of  an  issue  in  a  civil action in a court of record.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-11 > 1105

§  1105.  Service of order; powers of court or referee. Where an order  requiring the production of the tenant for life, or  proof  that  he  is  living,  is made as prescribed in section 1104, a certified copy thereof  must  be  served,  at  least  fourteen  days  before  the  time  therein  specified,  upon the person required to make the production or proof, or  upon his attorney. Upon presentation of proof of service, by  affidavit,  the  court  or  the referee must, at the time and place specified in the  order, or at the time and place to which the hearing may  be  adjourned,  hear  the allegations and proofs of the parties, respecting the identity  of any person produced, with the person whose death is in  question  or,  if  the  latter  person  is not produced, respecting the reasons for the  failure to produce him, and whether he is living.   Where a  referee  is  appointed,  he  has  the  same  powers,  and  is  entitled  to  the same  compensation, as a referee appointed for the trial  of  an  issue  in  a  civil action in a court of record.

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