Opinion · New York Court of Appeals

Kelly v. State

Kelly v. State, 45 N.Y.2d 973 (New York Court of Appeals 1978)

Type: Opinion
Court: New York Court of Appeals
Jurisdiction: New York
Date: 1978-11-28
Topic: general

OPINION OF THE COURT Order affirmed, with costs, on the opinion by Mr. Justice Harry D. Goldman at the Appellate Division (57 AD2d 320). We do not reach the question as to whether the Appellate Division was correct in retroactively applying the amendment to the Court of Claims Act pertaining to late filings, inasmuch *975as the State has not appealed (see Fuoco v State of New York, 64 AD2d 1030). Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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Cited by: 4 opinions

OPINION OF THE COURT

Order affirmed, with costs, on the opinion by Mr. Justice Harry D. Goldman at the Appellate Division (57 AD2d 320). We do not reach the question as to whether the Appellate Division was correct in retroactively applying the amendment to the Court of Claims Act pertaining to late filings, inasmuch *975 as the State has not appealed (see Fuoco v State of New York, 64 AD2d 1030).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.