Murphy v. Lavine

The petitioner, a recipient of public assistance, brings this article 78 proceeding for an order compelling respondent Lavine to issue subpoenas requested by the petitioner, staying the hearing pending the determination of this motion, and staying the respondents from reducing the petitioner’s assistance until the hearing is held. The Hearing Examiner has refused to issue the requested subpoenas.

Respondents oppose this motion, contending that an attorney of record has the authority to issue subpoenas. (CPLR 2302.)

Petitioner’s attorney, citing staff limitations, represents that no one is…