In re the Arbitration between State of New York Department of Correctional Services & C.S.E.A.

OPINION OF THE COURT

Peter C. Patsalos, J.

Who should bear the expense of transporting and securing an inmate produced under a court-issued subpoena? That is the question raised by the present application.

By way of background, the Department of Correctional Services of the State of New York brought charges against its employee Kelly Salvagin for allegedly entering into a relationship with John Filomena, while incarcerated at the Otisville Correctional Facility. Claiming his testimony to be necessary for a proper defense, C.S.E.A., on Salvaging behalf, sought to compel the attendance of the…