NY CPLR § 3113 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 31 - Disclosure R3113 - Conduct of the Examination.

Rule  3113.  Conduct  of  the  examination.  (a)  Persons  before whom depositions may be taken. Depositions may be taken  before  any  of  the following  persons except an attorney, or employee of an attorney, for a party or prospective party and except a person who would be disqualified to act as a juror because of interest in the event or  consanguinity  or affinity to a party:   1.  within  the state, a person authorized by the laws of the state to administer oaths;   2. without the  state  but  within  the  United  States  or  within  a territory  or  possession  subject  to  the  jurisdiction  of the United States, a person authorized to take acknowledgments of deeds outside  of the  state  by the real property law of the state or to administer oaths by the laws of the United States or of the place where the deposition is taken; and   3.  in  a  foreign  country,  any  diplomatic  or  consular  agent  or representative  of  the  United  States, appointed or accredited to, and residing within, the country, or a person  appointed  by  commission  or under  letters rogatory, or an officer of the armed forces authorized to take the acknowledgment of deeds.   Officers may be designated in notices or commissions either by name or descriptive  title  and  letters  rogatory  may  be  addressed  "To  the Appropriate Authority in (here name the state or country)."  (b)  Oath  of  witness; recording of testimony; objections; continuous examination; written questions read by examining  officer.  The  officer before  whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his  direction,  record the  testimony. The testimony shall be recorded by stenographic or other means, subject to such rules as may be adopted by the appellate division in the department where the action is pending. All  objections  made  at the  time of the examination to the qualifications of the officer taking the deposition or the person recording it, or to the  manner  of  taking it,  or to the testimony presented, or to the conduct of any person, and any other objection to the proceedings, shall be noted  by  the  officer upon  the  deposition  and  the  deposition shall proceed subject to the right of a person to apply for a protective order. The deposition  shall be  taken  continuously and without unreasonable adjournment, unless the court otherwise orders or the  witness  and  parties  present  otherwise agree. In lieu of participating in an oral examination, any party served with notice of taking a deposition may transmit written questions to the officer, who shall propound them to the witness and record the answers.  (c)     Examination    and    cross-examination.    Examination    and cross-examination of deponents shall proceed as permitted in  the  trial of actions in open court, except that a non-party deponent's counsel may participate  in  the  deposition and make objections on behalf of his or her client in  the  same  manner  as  counsel  for  a  party.  When  the deposition  of a party is taken at the instance of an adverse party, the deponent  may  be  cross-examined  by   his   or   her   own   attorney. Cross-examination  need  not  be  limited  to  the subject matter of the examination in chief.  (d) The parties may stipulate that a deposition be taken by  telephone or  other  remote  electronic  means  and  that  a party may participate electronically. The stipulation shall designate reasonable provisions to ensure that an accurate record of the  deposition  is  generated,  shall specify,  if  appropriate, reasonable provisions for the use of exhibits at the deposition; shall specify who must  and  who  may  physically  be present  at  the  deposition; and shall provide for any other provisions appropriate under the circumstances. Unless otherwise stipulated  to  by the  parties,  the  officer  administering  the oath shall be physically  present at the place of the  deposition  and  the  additional  costs  of conducting  the  deposition  by  telephonic  or  other remote electronic means, such as telephone charges, shall be borne by the party requesting that the deposition be conducted by such means.