Kelly v. State
| Decision Date | 28 November 1978 |
| Citation | 45 N.Y.2d 973,412 N.Y.S.2d 891 |
| Parties | , 385 N.E.2d 628 Timothy Boyd KELLY, Jr., Appellant, v. The STATE of New York, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Order affirmed, with costs, on the opinion by Mr. Justice Harry D. Goldman at the Appellate Division (57 A.D.2d 320, 395 N.Y.S.2d 311). 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 as the State has not appealed (see Fuoco v. State, 1978, 4th Dept., 64 A.D.2d 1030, 409 N.Y.S.2d 310).
All concur.
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6 cases
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Goines v. State
...[2] Movant was not an infant at the time the claim accrued. [3] The Court of Appeals declined to reach the other issue presented in Kelly regarding retroactive application of CCA § 10(6), but noted that that portion of the underlying Fourth Department holding in Crawford had been subsequent......
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Jackson v. Dillon
...under a "legal disability." See Kelly v. State, 57 A.D.2d 520, 395 N.Y.S.2d 311 (App.Div. Fourth Dept. 1977), aff'd, 45 N.Y.2d 973, 412 N.Y.S.2d 891, 385 N.E.2d 628 (1978). Moreover, in another action filed in this Court (Jackson v. Eng, 78 C 2129) plaintiff stated that he was at liberty du......
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Salahuddin v. Coughlin
...n. 3 (E.D.N.Y.1981); Kelly v. State of New York, 57 A.D.2d 320, 323, 395 N.Y.S.2d 311, 314 (Fourth Dept.1977), aff'd, 45 N.Y.2d 973, 412 N.Y.S.2d 891, 385 N.E.2d 628 (1978). ...
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Robilotto v. State, 61268
...part of his job he did relatively routinely (see, also, Kelly v. State, 57 A.D.2d 320, 328-332, 395 N.Y.S.2d 311, affd. 45 N.Y.2d 973, 412 N.Y.S.2d 891, 385 N.E.2d 628; Padula v. State, 59 A.D.2d 480, 482, 399 N.Y.S.2d 916, revd. on other grounds 48 N.Y.2d 366, 368-369, 422 N.Y.S.2d 943, 39......
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