ROBERTS v. STATE


23 A.D.2d 615 (1965)

Spencer W. Roberts, Appellant, v. State of New York, Respondent

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

February 25, 1965


MEMORANDUM BY THE COURT.

The Court of Claims Judge not unreasonably requested submission of medical proof. It would seem that proof of disability during the 90-day period could have been readily supplied, if disability in fact existed, through hospital records or the affidavit of an attending physician. Under the circumstances of this case, and in the interest of justice, claimant should have the opportunity to supply the omission.

Order reversed, on the law...

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