Turner v. State of New York
This text of 120 A.D.3d 796 (Turner v. State of New York) 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.
Opinion
In a claim to recover damages for *797 unjust conviction and imprisonment pursuant to Court of Claims Act § 8-b, the claimant appeals from an order of the Court of Claims (Marin, J.), dated November 14, 2012, which denied his motion to admit into evidence an affidavit of a recanting witness.
Ordered that the appeal is dismissed, with costs.
The appeal must be dismissed because it concerns an evidentiary ruling which, even when made in advance of trial on motion papers, is neither appealable as of right nor by permission (see CPLR 5701; Elliott v Guervil, 98 AD3d 470 [2012]; Cotgreave v Public Adm’r of Imperial County [Cal.], 91 AD2d 600, 601 [1982]).
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Cite This Page — Counsel Stack
120 A.D.3d 796, 991 N.Y.S.2d 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-state-of-new-york-nyappdiv-2014.