Legal Opinion · Concurrence
Larabee v. Governor of the State of N.Y.
Appellate Division of the Supreme Court of the State of New York
Decided July 10, 2014No. 112301/07 11473Published
1Concurrence
Tom, J.E
(concurring). I agree with the concurrence that defendants have not violated the ruling of the Court of Appeals in the consolidated appeals addressed in Matter of Maron v Silver (14 NY3d 230 [2010]), although I write to address additional concerns.
The background facts are set forth in the writings of the concurrence and the dissent and, in greater detail, in this Court’s prior decision in Larabee v Governor of State of N.Y. (65 AD3d 74 [1st Dept 2009]) and the Court of Appeals ruling (14 NY3d at 230). For present purposes, plaintiffs contend, in effect, that the Court of Appeals…
2Cases cited8 opinions
- Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
- MATTER OF MARON v. SilverNew York Court of Appeals · 2010
- Campaign for Fiscal Equity, Inc. v. StateNew York Court of Appeals · 2006
- Beer v. United StatesCourt of Appeals for the Federal Circuit · 2012
- Larabee v. Governor of the StateAppellate Division of the Supreme Court of the State of New York · 2009
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