In re Stephen

Order unanimously reversed on the law without costs, subpoena vacated and matter remitted to Monroe County Family Court for further proceedings in accordance with the following Memorandum: In this private placement adoption proceeding, Family Court erred in issuing a judicial subpoena directing the birth mother, an Ohio resident, to appear at a hearing in Rochester. Judiciary Law § 2-b (1) provides in relevant part that "[a] court of record has power * * * to issue a subpoena requiring the attendance of a person found in the state to testify in a cause pending in that court” {see also, NY…