Legal Opinion

Santangelo v. State

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

Decided August 9, 1993No. Claim No. 81400; Claim No. 81401PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Balletta, J. P.

The issue presented on this appeal is whether the Court of Claims exceeded its powers in declaring, sua sponte, that General Municipal Law § 205-e (as amended by L 1990, ch 762) was unconstitutional to the extent that it could be retroactively applied to revive the claims of the two claimants.

I

The underlying facts of this case are not in dispute. The claimants—Suffolk County Police Officers Joseph Santangelo and Fred Kirschenheiter—were injured on July 15, 1979, when they attempted to apprehend a patient who had escaped from confinement at the State-run…

2Cases cited25 opinions

  1. Santangelo v. State of NYNew York Court of Appeals · 1988
  2. Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
  3. Cooper v. City of New YorkNew York Court of Appeals · 1993
  4. Lehigh Valley R.R. Co. v. . Canal BoardNew York Court of Appeals · 1912
  5. Munro v. . State of New YorkNew York Court of Appeals · 1918

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3Cited by9 opinions

  1. Ruotolo v. State of New YorkNew York Court of Appeals · 1994
  2. Malsky v. TownerAppellate Division of the Supreme Court of the State of New York · 1993
  3. Worldwide Insurance Group v. WingAppellate Division of the Supreme Court of the State of New York · 1994
  4. Antico v. Richmond Housing Associates.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Zanghi v. Greyhound Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

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