Legal Opinion

Kelly v. State

New York Court of Appeals

Decided November 28, 1978No. Claim No. 60060PublishedCited by 4 opinions

1Opinion of the Court

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.

2Cases cited2 opinions

  1. Kelly v. StateAppellate Division of the Supreme Court of the State of New York · 1977
  2. Fuoco v. StateAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by4 opinions

  1. Rosenhack v. StateNew York Court of Claims · 1982
  2. Robilotto v. StateNew York Court of Claims · 1980
  3. Lavalliere v. Department of CorrectionAppellate Division of the Supreme Court of the State of New York · 2003
  4. Crawford v. City UniversityNew York Court of Claims · 1986