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HARVEY MARCELIN v. STATE NEW YORK (05/20/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT


May 20, 1968

HARVEY MARCELIN, APPELLANT,
v.
STATE OF NEW YORK, RESPONDENT

Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.

Author: Herlihy

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, ยง 79-a, subd. 1.) Order affirmed, without costs.

Disposition

Order affirmed, without costs.

19680520

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