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FITZGERALD v. STATE OF NEW YORK

5 A.D.2d 3 (1957)

Alton Fitzgerald, Respondent, v. State of New York, Appellant. (Claim No. 33694.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 19, 1957.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John R. Davison, Dunton F. Tynan and Thomas F. Moore, Jr., of counsel), for appellant.

Irving H. Lessen for respondent.

FOSTER, P. J., BERGAN, HALPERN and GIBSON, JJ., concur.

Per Curiam.

The question presented by this appeal is the right of the Attorney-General to examine a claimant before trial in an appropriation case. Whatever the limitation may have been in such a case before the changes made in statutory language in 1939 (L. 1939, ch. 860), it seems clear that since that time the Attorney-General is vested with the right of examination in such a case. Subdivision 1 of section 17 of the...

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