Berkun v. State

Over two years ago I wrote a memorandum in Coratti v. State of New York (61 Misc 2d 928, 929, 930) re proposed decisions which “ were inordinately excessive; too many swarming in impropriety.” I commented that “ None of the foregoing is a thought original with me.” There followed quotations from earlier opinions enunciating the requirements of subdivisions (a) and (b) of CPLR 4213 and the precursor section 440 of the Civil Practice Act.

It is regrettable to note that there continues to be a burdensome lack of compliance with statutory and judicial declarations. Last month, in two separate…