Section 433. (a) Hearing  


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  • Upon  the  return  of  the  summons  or when a
      respondent is brought before the court pursuant to a warrant, the  court
      shall  proceed  to  hear and determine the case. The respondent shall be
      informed of the contents of  the  petition,  advised  of  his  right  to
      counsel,  and  shall  be  given  opportunity  to be heard and to present
      witnesses. The court may exclude the public from the  court  room  in  a
      proper case.
        (b) If the initial return of a summons or warrant is before a judge of
      the  court,  when  support is an issue, the judge must make an immediate
      order, either temporary or  permanent  with  regard  to  support.  If  a
      temporary order is made, the court shall refer the issue of support to a
      support  magistrate  for  final  determination pursuant to sections four
      hundred  thirty-nine  and  four  hundred  thirty-nine-a  of  this   act.
      Procedures shall be established by the chief administrator of the courts
      which  shall  provide  for  the  disposition of all support matters or a
      referral  to  a  support  magistrate  prior  to  the  conclusion  of   a
      respondent's  first  appearance  before the court. Such procedures shall
      provide for referral of support issues by appropriate clerical staff  of
      the  family court at any time after a petition has been presented to the
      court.
        (c) In any proceeding under this article, the court may permit a party
      or a witness to be deposed or  to  testify  by  telephone,  audio-visual
      means,  or  other electronic means at a designated family court or other
      location:
        (i) where such party or witness resides in a county other than that of
      the family court where the case is pending and that  of  any  contiguous
      county;  provided,  however,  that for the purposes of this section, the
      five counties of New York city shall be treated as one county;
        (ii) where such party or witness is presently incarcerated and will be
      incarcerated on the date on which the hearing or deposition is scheduled
      and is not expected to be released within a reasonable  period  of  time
      after the date on which the hearing or deposition is scheduled; or
        (iii)  where  the  court determines that it would be an undue hardship
      for such party or witness to testify or to  be  deposed  at  the  family
      court where the case is pending.
        (d)  Any such deposition or testimony taken by telephone, audio-visual
      means or other electronic means in accordance with  subdivision  (c)  of
      this  section shall be recorded and preserved for transcription. Where a
      party or witness is deposed or testifies by telephone,  audio-visual  or
      other  electronic  means  pursuant to this section, documentary evidence
      referred to by a party or witness or the court  may  be  transmitted  by
      facsimile, telecopier, or other electronic means and may not be excluded
      from  evidence  by  reason  of  an  objection  based  on  the  means  of
      transmission. The chief administrator of  the  courts  shall  promulgate
      rules  to  facilitate the taking of testimony by telephone, audio-visual
      means or other electronic means.