TICE v. STATE


21 A.D.2d 974 (1964)

Evelyn M. K. Tice, as Executrix of Edwin P. Kuhn, Deceased, Appellant, v. State of New York, Respondent. (Claim No. M 6230.)

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

September 24, 1964


Order unanimously affirmed, without costs of this appeal to either party, without prejudice to the right of the claimant to reapply for an examination of the witness Orser upon appropriate papers.

Memorandum:

It appeared for the first time upon the argument of the motion that the person sought to be examined was no longer in the employ of the State, therefore it is requisite that a new application be made showing...

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