Ruhlmann v. State

Appellate Division of the Supreme Court of New York

Ruhlmann v. State

67 A.D.2d 1107, 414 N.Y.S.2d 1019, 1979 N.Y. App. Div. LEXIS 10930

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

DecidedFebruary 28, 1979

DocketClaim No. 57823

StatusPublished

This text of 67 A.D.2d 1107 (Ruhlmann v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ruhlmann v. State, 67 A.D.2d 1107, 414 N.Y.S.2d 1019, 1979 N.Y. App. Div. LEXIS 10930 (N.Y. Ct. App. 1979).

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Opinion

— Order unanimously affirmed, without costs. Memorandum: We affirm for the reasons stated in the Court of Claims. Since the court’s decision, we have held that the amendment to the Court of Claims Act (§ 10, subd 6, as amd by L 1976, ch 280) is inapplicable to a claim when the time within which the court could have exercised its discretion to allow late filing of that claim under the previous statute had elapsed prior to the effective date of the amendment (Fuoco v State of New York, 64 AD2d 1030; see Sessa v State of New York, 63 AD2d 334). (Appeal from order of Court of Claims — late claim.) Present — Cardamone, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.

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— Order unanimously affirmed, without costs. Memorandum: We affirm for the reasons stated in the Court of Claims. Since the court’s decision, we have held that the amendment to the Court of Claims Act (§ 10, subd 6, as amd by L 1976, ch 280) is inapplicable to a claim when the time within which the court could have exercised its discretion to allow late filing of that claim under the previous statute had elapsed prior to the effective date of the amendment (Fuoco v State of New York, 64 AD2d 1030; see Sessa v State of New York, 63 AD2d 334). (Appeal from order of Court of Claims — late claim.) Present — Cardamone, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.

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67 A.D.2d 1107, 414 N.Y.S.2d 1019, 1979 N.Y. App. Div. LEXIS 10930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruhlmann-v-state-nyappdiv-1979.

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