Legal Opinion

Barton v. Lavine

New York Court of Appeals

Decided December 22, 1975PublishedCited by 15 opinions

1Opinion of the Court

Memorandum. The amendment to the Social Security Act in issue here (Public Law 92-603; 86 US Stat 1462, 1492), is plainly effective as of January 1, 1973. It would have been appropriate to resort to legislative history for clarification were the effective date ambiguous upon the face of the statute. "January 1, 1973” could scarcely be more unambiguous. We decline the invitation to sit as a committee on revision. (Cf. Matter Taylor v Sise, 33 NY2d 357, 363; Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293, 304; Meltzer v Koenigsberg, 302 NY 523, 525.)

If we conclude that "1973” means…

2Cases cited3 opinions

  1. Meltzer v. KoenigsbergNew York Court of Appeals · 1951
  2. MATTER OF TAYLOR v. SiseNew York Court of Appeals · 1974
  3. Roosevelt Raceway, Inc. v. MonaghanNew York Court of Appeals · 1961

3Cited by15 opinions

  1. New York State Bankers Ass'n v. AlbrightNew York Court of Appeals · 1975
  2. Giblin v. Nassau County Medical CenterNew York Court of Appeals · 1984
  3. Leone v. BlumAppellate Division of the Supreme Court of the State of New York · 1980
  4. Barton v. LavineAppellate Division of the Supreme Court of the State of New York · 1976
  5. Pokoik v. Department of Health ServicesNew York Court of Appeals · 1988

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