Legal Opinion

City of New York v. Novello

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 2009PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Renwick, J.

In this case of statutory interpretation, the issue is whether the State can disregard a particular statutory directive to act within a specified time. The issue arises within the context of a dispute between New York State and the City of New York over the timeliness of the State’s revocation of a $27 million reimbursement to the City for home health care services the City provided. The State argues that the statutory deadline to invoke the revocation is merely directory. This Court, however, finds that the State may not disregard peremptory language that…

2Cases cited14 opinions

  1. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  2. Grossman v. RankinNew York Court of Appeals · 1977
  3. Marcus Associates, Inc. v. Town of HuntingtonNew York Court of Appeals · 1978
  4. Munro v. . State of New YorkNew York Court of Appeals · 1918
  5. King v. CareyNew York Court of Appeals · 1982

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3Cited by7 opinions

  1. Dickinson v. DainesAppellate Division of the Supreme Court of the State of New York · 2009
  2. Giambrone v. GrannisAppellate Division of the Supreme Court of the State of New York · 2011
  3. Dickinson v. DainesAppellate Division of the Supreme Court of the State of New York · 2009
  4. GIAMBRONE, DOUGLAS J. v. GRANNIS, ALEXANDER B.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Matter of Guerrero v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2026

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