Mastrangelo v. State

Appellate Division of the Supreme Court of New York

Mastrangelo v. State

90 A.D.2d 504, 454 N.Y.S.2d 685, 1982 N.Y. App. Div. LEXIS 18536

Appellate Division of the Supreme Court of the State of New York·Decided October 12, 1982·Published

Opinion

Appeal from an order of the Court of Claims (McCabe, J.), dated January 18,1982, which granted petitioners’ motion for discovery prior to the filing of a claim against the State. Order reversed, on the law, without costs or disbursements, and motion denied. Petitioners have failed to set forth [505]*505adequate grounds demonstrating the need for disclosure to aid them in bringing a claim against the State. They possess sufficient information to frame a claim and identify the proper parties. Petitioners may pursue their request to file a late claim and should permission be granted, they may request appropriate discovery after issue has been joined. Titone, J. P., Weinstein, Thompson and Brown, JJ., concur.

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Appeal from an order of the Court of Claims (McCabe, J.), dated January 18,1982, which granted petitioners’ motion for discovery prior to the filing of a claim against the State. Order reversed, on the law, without costs or disbursements, and motion denied. Petitioners have failed to set forth [505]*505adequate grounds demonstrating the need for disclosure to aid them in bringing a claim against the State. They possess sufficient information to frame a claim and identify the proper parties. Petitioners may pursue their request to file a late claim and should permission be granted, they may request appropriate discovery after issue has been joined. Titone, J. P., Weinstein, Thompson and Brown, JJ., concur.

Mastrangelo v. State, 90 A.D.2d 504, 454 N.Y.S.2d 685, 1982 N.Y. App. Div. LEXIS 18536 (N.Y. Ct. App. 1982).

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