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KELLY v. STATE

45 N.Y.2d 973 (1978)

Timothy B. Kelly, Jr., Appellant, v. State of New York, Respondent. (Claim No. 60060.)

Court of Appeals of the State of New York.

Decided November 28, 1978.

Attorney(s) appearing for the Case

Richard A. Kerner for appellant.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order affirmed, with costs, on the opinion by Mr. Justice HARRY D. GOLDMAN at the Appellate Division (57 A.D.2d 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 as the State has not appealed (see Fuoco v State of New York, 64 A.D.2d...

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