MACKANIN v. STATE


26 A.D.2d 605 (1966)

Andrew Mackanin, Jr., et al., Appellants, v. State of New York, Respondent. (Claim No. 42794.)

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

June 28, 1966


REYNOLDS, J.

It is clear and, in fact, undisputed that the State in the instant case is entitled to an examination of the returns sought under Fitzgerald v. State of New York (5 A.D.2d 3). Furthermore, whether the order involved granting this examination would, on the present record, be proper under CPLR 3111 need not be here decided since CPLR 3120, which is invoked in addition to CPLR 3111 in the notice of...

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