New York Civil Practice Law and Rules Code § 408

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

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