[DOWNLOAD] "Matter Robert Katz Et Al. v. State New York Department Correctional Services" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Robert Katz Et Al. v. State New York Department Correctional Services
- Author : Supreme Court of New York
- Release Date : January 07, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
[64 A.D.2d 900 Page 900] In a proceeding, inter alia, for disclosure to aid in arbitration (see CPLR 3102, subd [c]), the State Department of Correctional Services appeals from so much of an order of the Supreme Court, Westchester County, entered October 14, 1977, as granted limited disclosure regarding certain items and stayed the arbitration proceeding pending such disclosure. Order reversed insofar as appealed from, on the law and the facts, without costs or disbursements, application for disclosure denied and stay vacated. Special Term correctly noted that courts will not order disclosure to aid in arbitration except under extraordinary circumstances (De Sapio v Kohlmeyer, 35 N.Y.2d 402, 406; Matter of Katz [Burkin], 3 A.D.2d 238, 239). As we recently stated in Matter of Jamaica Hosp. v Vogel & Strunk (57 A.D.2d 843), Disclosure is to be sparingly allowed in arbitration proceedings. It is our opinion that extraordinary circumstances are absent in this case. The Notice of Discipline sufficiently apprised Robert Katz of the items of contraband allegedly found in his automobile. We also note that the judicious use of a continuance by the arbitrator may offset the effects of any surprise evidence and eliminate [64 A.D.2d 900 Page 901]