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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46515 Judge Siegal PLAINTIFF SERVED a contempt order based on defendant’s default at a supplementary action, initiated by service of an information subpoena under Civil Practice Law and Rules �308 on defendant’s officer. Plaintiff sought an arrest warrant predicated on defendant’s disobedience of the information subpoena. The court denied the arrest warrant’s issuance and vacated the contempt order. In Mailman v. Belvecchio, the Appellate Term, Second Department, upheld a Supreme Court’s decision requiring proof of receipt of an information subpoena served by certified mail. Although service pursuant to CPLR �308 is authorized and presumes receipt, due to inconsistencies in the address of service of the subpoena, motion and order, the court ruled that the presumption of receipt could not be imposed. It also found plaintiff’s action premature, as brought one day prior to the last date on which service under �308(2) could be deemed complete.

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