DI SANTO v. STATE OF NEW YORK


22 A.D.2d 289 (1964)

Rudolph Di Santo, Respondent, v. State of New York, Appellant. (Claim No. 41827.)

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

December 30, 1964.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Paxton Blair of counsel), for appellant.

Markhoff, Gottlieb & Harkins (Nathan L. Levine of counsel), for respondent.

GIBSON, P. J., REYNOLDS, AULISI and HAMM, JJ., concur.


HERLIHY, J.

The State contends that this order is sufficiently broad to include general discovery and inspection and that the State is not subject to such pretrial procedure.

We determine that article 31 of the CPLR, captioned "Disclosure" is applicable to the Court of Claims, subject only to the limitation contained in CPLR 3102 (subd. [f]) which provides: "(f) Action in court of claims. In an action in the court of claims, disclosure may be...

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