Think of it this way. My father has actually raised issues of fact in this case, not just issues of law. This is straight from my father, right now:
Gun ownership, a fundamental right, is being infringed upon by the NY SAFE. Act. It is an issue of fact to determine whether or not the State used less restrictive means in accomplishing a legitimate state objective.
He has to answer the questions. If he doesnt show, then he will have to be deposed and his testimony read into the record.
The chance of either of these happening if the case is not dismissed before trial? 100%