Section 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.