Kelly v. State

New York Court of Appeals

Kelly v. State

45 N.Y.2d 973

CourtNew York Court of Appeals

DecidedNovember 28, 1978

DocketClaim No. 60060

StatusPublished

This text of 45 N.Y.2d 973 (Kelly v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kelly v. State, 45 N.Y.2d 973 (N.Y. 1978).

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Opinion

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 [975]*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.

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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 [975]*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.

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Bluebook (online)

45 N.Y.2d 973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-state-ny-1978.

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