Marcelin v. State

Appellate Division of the Supreme Court of New York

Marcelin v. State

30 A.D.2d 587, 290 N.Y.S.2d 419, 1968 N.Y. App. Div. LEXIS 3968

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 20, 1968

DocketMotion No. M-10156

StatusPublished

This text of 30 A.D.2d 587 (Marcelin v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marcelin v. State, 30 A.D.2d 587, 290 N.Y.S.2d 419, 1968 N.Y. App. Div. LEXIS 3968 (N.Y. Ct. App. 1968).

Pincite

Opinion

Herlihy, J.

Appeal by the claimant from an order of the Court of Claims denying his motion for disclosure. The record on appeal contains no claim which is filed in the Court of Claims. The State does not raise any question as to the procedural aspects of the claimant’s motion. We find that the papers of the claimant do not specify any item, the disclosure of which would be necessary prior to the trial of what might possibly be his complaint. Accordingly, we do not consider the contention of the parties herein as to “civil death”. (See Civil Rights Law, § 79-a, subd. 1.) Order affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.

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Herlihy, J.

Appeal by the claimant from an order of the Court of Claims denying his motion for disclosure. The record on appeal contains no claim which is filed in the Court of Claims. The State does not raise any question as to the procedural aspects of the claimant’s motion. We find that the papers of the claimant do not specify any item, the disclosure of which would be necessary prior to the trial of what might possibly be his complaint. Accordingly, we do not consider the contention of the parties herein as to “civil death”. (See Civil Rights Law, § 79-a, subd. 1.) Order affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.

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Bluebook (online)

30 A.D.2d 587, 290 N.Y.S.2d 419, 1968 N.Y. App. Div. LEXIS 3968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marcelin-v-state-nyappdiv-1968.