UNEMPLOYMENT INSURANCE - HEARINGS AND APPEALS - REOPENING DEFAULT - CASE NO. 4

Additional aspects about the special instructions and notices that should be noted: subpoenas are more fully discussed on the Appeal Board regulations:

"Section 460.4. Subpoenas and depositions.

(a)(1) A board member, the chief administrative law judge, a senior administrative law judge or the administrative law judge may issue subpoenas, whenever necessary, to compel the attendance of witnesses and the production of writings, books, contracts, papers, documents or other evidentiary matter. A subpoena duces tecum, unless directed to be issued by a board member, the chief administrative law judge, a senior administrative law judge or the administrative law judge, on his own motion, shall be issued only upon a showing of the necessity therefore by the party applying for its issuance. All of the aforesaid subpoenas shall be issued under the seal of the department.

(2) An attorney who shall have filed with the board a notice of appearance on behalf of any party may issue and cause to be served, subpoenas to compel the attendance of witnesses in accordance with sections 2302 and 2303 of the Civil Practice Law and Rules.

(3) Witnesses subpoenaed for any hearing shall be paid or tendered witness and mileage fees in advance in accordance with the provisions of section 2303 of the Civil Practice Law and Rules of the State of New York.

(4) A motion to quash, fix conditions or modify a subpoena shall be made promptly to the board or to the administrative law judge section to which the subpoena is returnable. A request to withdraw or modify the subpoena shall first be made to the person who issued it and a motion to quash, fix conditions or modify may thereafter be made before the board or the administrative law judge. Reasonable conditions may be imposed upon the granting or denial to quash or modify.

(b) A board member, the chief administrative law judge, a senior administrative law judge or the administrative law judge, whenever necessary, shall take or cause to be taken, depositions of witnesses residing within or without the State."

To date. I have not served a subpoena prior to the first hearing for the obvious reason that there is limited discovery (just a review of the file) and it is not until I hear the Employer's testimony and introduction of documents that I can fully understand the Employer's claim.