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Marcelin v. State

Appellate Division of the Supreme Court of New York, Third Department
May 20, 1968
30 A.D.2d 587 (N.Y. App. Div. 1968)

Opinion

May 20, 1968


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.


Summaries of

Marcelin v. State

Appellate Division of the Supreme Court of New York, Third Department
May 20, 1968
30 A.D.2d 587 (N.Y. App. Div. 1968)
Case details for

Marcelin v. State

Case Details

Full title:HARVEY MARCELIN, Appellant, v. STATE OF NEW YORK, Respondent. (Motion No…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 20, 1968

Citations

30 A.D.2d 587 (N.Y. App. Div. 1968)

Citing Cases

United States ex Rel. Marcelin v. Mancusi

People v. Marcelin, 28 App. Div. 2d 1094, 283 N.Y.S.2d 848 (1st Dept. 1967). Leave to appeal was denied by…