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STATE OF N. Y. v. DeGROOT

60 Misc.2d 816 (1969)

State of New York, Plaintiff, v. Matthew De Groot et al., Defendants.

Supreme Court, Special Term, Albany County.

September 26, 1969

Attorney(s) appearing for the Case

Jaeckle, Fleischmann, Kelly, Swart & Augspurger (David C. Fielding of counsel), for defendants. Louis J. Lefkowitz, Attorney-General (Kenneth E. Page of counsel), for plaintiff.

A. FRANKLIN MAHONEY, J.

The defendants moved this court for an order pursuant to CPLR 3120 (subd. [a]) and CPLR 3102 (subd. [b]), permitting the inspection, photographing and copying of enumerated items specified in an annexed schedule. The State appeared and orally opposed the motion but did not cross-move under CPLR 3122 for a protective order. The court by oral memorandum ruled as follows: "Motion for discovery...

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