§ 305. Compelling witnesses to testify. On the application of a
grantee in a conveyance, his heir or personal representative, or a
person claiming under either of them, verified by the oath of the
applicant, stating that a witness to the conveyance, residing in the
county where the application is made, refuses to appear and testify
concerning its execution, and that such conveyance can not be proved
without his testimony, any officer authorized to take, within the state,
acknowledgment or proof of conveyance of real property may issue a
subpoena, requiring such witness to attend and testify before him
concerning the execution of the conveyance. A subpoena issued under this
section shall be regulated by the civil practice law and rules.