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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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.