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Changes in Subpoena Procedures

 SWCB Bulletin Outlines Procedures for Serving Subpoenas and Legal Papers:



The New York State Workers' Compensation Board laid out a new process for serving legal papers and subpoenas on the board in a bulletin issued by Chairman Robert E. Beloten on Tuesday.


Personal service of subpoenas or legal papers on the board should be delivered to the secretary of the board at 238 State St., Room 440, Schenectady, NY 12305. Beloten authorized his secretary to accept service in an order on Aug. 5.


Legal papers that are mailed to the board should be addressed to the chairman, at the board's office in Schenectady, in an envelope stating "URGENT LEGAL MAIL" or to an assistant attorney general at the Office of the Attorney General.


For subpoenas that are mailed, the board is allowed to waive the formal process under Civil Practice Laws and Rules only if the subpoenas are addressed to the board chairman or his secretary in Schenectady.


According to the bulletin, the secretary of the board will date stamp all legal documents and log the date and method of receipt into a tracing system. The documents will then be forwarded to the Office of the General Counsel.


If board members are sued individually or in their official capacities, they should be personally served with process or by certified mail to the specific officer named. Service should also be sent to an assistant attorney general in the Office of the Attorney General.


Subpoenas served on the board must include a $15 fee in the form of a check or money order.


The bulletin is here.

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