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59-304 REALTY CO. v. STATE

41 A.D.2d 1009 (1973)

59-304 Realty Co., Appellant, v. State of New York, Respondent. (Claim No. 53682.)

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

May 31, 1973

In order to grant a dismissal under the provisions of this rule it must affirmatively appear that the State is ready to proceed to trial. The record does not support such a finding and the motion to dismiss should not have been granted. Accordingly, the motion to restore the claim to the calendar, which we construe as a motion to vacate the order of dismissal, should have been granted.

Order reversed, on the law and the...

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