Legal Question in Administrative Law in New York

service of subpoena

is a subpoena served by the Special Commissioner of Investigation for the NYC School District which has subpoena power thru NYC Charter chapter 34 and Exuctive Order 11 valid to a non-employee of the School District or a vendor doing business with the School District ? (ex a doctor for a doctor's note for a teacher or a hotel guest list where a teacher stayed)


Asked on 8/13/07, 2:07 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: service of subpoena

Such subpoenas are indeed valid for non-employees; perhaps the only example you list that would arguably be privileged is the doctor. Generally, in NY an attorney can issue a subpoena, or an elected agency head; however, under normal circumstances a court must "so order" a subpoena for hospital records, or one served on a city agency.

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Answered on 8/13/07, 3:45 pm


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