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This entry was published on 2014-09-22
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SECTION 111-P
Authority to issue subpoenas
Social Services (SOS) CHAPTER 55, ARTICLE 3, TITLE 6-A
§ 111-p. Authority to issue subpoenas. The department or the child
support enforcement unit coordinator or support collection unit
supervisor of a social services district, or his or her designee, or
another state's child support enforcement agency governed by title IV-D
of the social security act, shall be authorized, whether or not a
proceeding is currently pending, to subpoena from any person, public or
private entity or governmental agency, and such person, entity or agency
shall provide any financial or other information needed to establish
paternity and to establish, modify or enforce any support order. If a
subpoena is served when a petition is not currently pending, the supreme
court or a judge of the family court may hear and decide all motions
relating to the subpoena. If the subpoena is served after a petition has
been served, the court in which the petition is returnable shall hear
and decide all motions relating to the subpoena. Any such person,
entity, or agency shall provide the subpoenaed information by the date
as specified in the subpoena. Such subpoena shall be subject to the
provisions of article twenty-three of the civil practice law and rules.
The department or district may impose a penalty for failure to respond
to such information subpoenas pursuant to section twenty-three hundred
eight of the civil practice law and rules.