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Workers' Compensation Board

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New York State
Workers' Compensation Board
OFFICE OF THE CHAIR
328 State Street  Schenectady, New York 12305
Governor Andrew M. Cuomo


Subject No. 046-717

Service of Legal Papers and Subpoenas on the Board

Date: August 12, 2014

Introduction

The Board has determined that strict compliance with the service requirements set forth in Civil Practice Law and Rules (CPLR) § 307 is required in order to eliminate any delay in the Office of General Counsel's receipt of legal papers and subpoenas. As such, the Board has formulated a procedure for the acceptance of service of (1) legal papers (summons and complaint, notice of petition and petition, order to show cause, etc., but not Notices of Appeal in workers' compensation cases), and (2) subpoenas (for records and/or testimony).

Service of Legal Papers

Personal service of legal papers on the Board may be effectuated by personally delivering said process to the Secretary to the Board, as designee of the Chair, at 328 State Street, Room 441, Schenectady, New York 12305. The Chair has delegated the authority to accept service on behalf of the Board to the Secretary to the Board in Order of the Chair No. 985 (August 5, 2014).

Personal service on the Board may alternatively be effectuated by mailing process to the Chair (in an envelope bearing the legend "URGENT LEGAL MAIL") at 328 State Street, Room 440, Schenectady, New York 12305, by certified mail return receipt requested and by delivering process to an assistant attorney general at an office of the Attorney General, or to the Attorney General within the state. The Chair has deemed the Executive Office at 328 State Street to be the Board’s principal office in Order of the Chair No. 986 (August 5, 2014). If this alternate method of service is utilized, the Office of the Chair, upon receipt of process, is to immediately forward it to the Secretary to the Board.

The Secretary to the Board, upon receipt of such process, shall date stamp the legal documents and log the date and method of receipt into its tracking system. The Secretary to the Board shall then forward the original legal documents served immediately to the Office of General Counsel.

An officer of the Board who is individually sued in his/her official capacity is to be personally served with process. In the alternative, service may be accomplished by certified mail, return receipt requested to the officer and service on an assistant attorney general at an office of the Attorney General, or to the Attorney General within the state. Upon receipt of such service, the officer of the Board is to immediately forward a copy of it to the Office of General Counsel.

Service of Subpoenas

Personal service of a subpoena (for records and/or testimony) on the Board may be effectuated by personally delivering said process to the Secretary to the Board, as designee of the Chair, at 328 State Street, Room 441, Schenectady, New York 12305.

Personal service on the Board may alternatively be effectuated by mailing the subpoena to the Chair (in an envelope bearing the legend "URGENT LEGAL MAIL") at 328 State Street, Room 440, Schenectady, New York 12305, by certified mail return receipt requested and by delivering the subpoena to an assistant attorney general at an office of the Attorney General, or to the Attorney General within the state. If this alternate method of service is utilized, the Office of the Chair, upon receipt of the subpoena, is to immediately forward it to the Secretary to the Board for processing.

The Board is permitted to waive the formal requirements set forth in the CPLR and accept service of a subpoena (only) by mail to the Secretary to the Board, at 328 State Street, Room 441, Schenectady, New York 12305.

A subpoena for records that is served on the Board shall be "So Ordered" in accordance with CPLR § 2307. A subpoena for records shall be accompanied by a $15.00 fee, paid by check or money order only (no cash).

The Secretary's Office shall date stamp the subpoena and complete a receipt, giving the individual serving the subpoena a white copy of the receipt. The Secretary to the Board shall log the date and method of receipt into its tracking system.

The Office of the Secretary, in consultation with the Office of General Counsel, will review all subpoenas received and determine what further action is appropriate. The Office of the Secretary will comply with the subpoena to the extent it is required to do so by applicable law. Board personnel are not to take any action on subpoenas served on the Board unless specifically directed to do so by the Office of the Secretary or the Office of General Counsel.

 

Robert E. Beloten
Chair