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FIRST BANK & TRUST CO. OF CORNING v. STATE

184 A.D.2d 1034 (1992)

First Bank & Trust Co. of Corning, as Trustee, et al., Appellants, v. State of New York, Respondent. (Claim No. 71348.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 25, 1992

Order unanimously affirmed without costs.

Memorandum:

The appropriation and claim here antedate the August 7, 1987 effective date of the amendment to EDPL 701, which permits a discretionary allowance for attorney's, appraiser's and engineering fees. The State argues that the amendment may not be applied retroactively. We disagree. The amendment does not create a new remedy; it merely expands a preexisting one (see, Thomas v State of New York...

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