Service of Process

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SERVICE OF PROCESS

The Department of Labor accepts in-person, personal service of legal documents at the Department’s Albany Office, located at the Harriman State Office Campus, Building 12, Monday through Friday (excluding State holidays), between the hours of 9:00 am to 3:45 pm. This includes, but is not limited to: summons and complaints, Article 78 proceedings, notices of claims, and subpoenas. 

 

SERVICE OF SUBPOENAS

In addition to in-person service, the Department of Labor will accept service of a subpoena for records by first-class mail so long as it is mailed to the address below AND the return date is not less than 30 days from the date of mailing. The Department’s consent to service by mail only applies to subpoenas actually received and shall not be construed as a waiver of any of its rights, privileges, or defenses to the subpoena.

  • NYS Department of Labor
  • Harriman State Campus
  • Building 12
  • Room 509
  • Albany, NY 12226

Please do NOT send payment or checks along with subpoenas. Payment will be returned.

 

SUBPOENA REQUIREMENTS

A subpoena for Department records not related to unemployment insurance records MUST be either:

  1. A subpoena order by a New York State or federal judge; or
  2. An administrative subpoena from a New York State government agency AND cite the agency’s statutory authority for the issuance of the subpoena.

A subpoena for Department records related to unemployment insurance records MUST be either:

  1. A grand jury subpoena;
  2. From a federal, state, or local law enforcement agency and specifically state that the records relate to an investigation of fraud relating to public programs or misuse of public funds; or
  3. Include a written release or information pertaining to informed consent as outline in Labor Law section 537(1)(d)(ii).

In order to locate and prepare responsive records, please be sure to include within your request:

  1. Full legal name(s)
  2. Full Social Security Numbers if information sought is unemployment insurance type records
  3. Specific dates
  4. Your full name/office name
  5. Your office mailing address

Upon a response from the Department, be sure to record the Matter or Case Number for future use. Any additional request for further or different information is a NEW request, please be sure to include the below identifying information:

  1. Full legal name(s), and
  2. Full Social Security Numbers if information sought is unemployment insurance type records.