Balzer v. State

This is another of the ever-increasing number of motions by the Attorney-General to vacate statements of readiness filed and served by claimants’ attorneys and, like the recent motion for examination before trial in the claim of McCormick v. State of New York (27 Misc 2d 519), it calls attention to the abuse of the statement of readiness rule. (See, also, Dresner v. State of New York, 23 Misc 2d 971; Levitch v. *521State of New York, 23 Misc 2d 979.) As in the McCormick instance the court is obliged to make its own inquiry as to the factual situation, otherwise it would be without any data or…