Thomas Majewski, Appellant,
v.
Broadalbin-Perth Central School District, Defendant and Third-Party Plaintiff-Appellant. Adirondack Mechanical Corporation, Third-Party Defendant-Respondent
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
July 10, 1997
July 10, 1997
Attorney(s) appearing for the Case
Caputo, Aulisi & Skoda, Gloversville (Robert F. Doran [Thorn & Gershon], Albany, of counsel), for appellant.
Maynard, O'Connor, Smith, Catalinotto & D'Agostino, L. L. P., Albany (Christine K. Krackeler and Brendan F. Baynes of counsel), for defendant and third-party plaintiff-appellant.
James P. O'Connor, New York City, and Thuillez, Ford, Gold & Conolly, Albany (Michael J. Hutter of counsel), for third-party defendant-respondent.
Menagh, Trainor, Mundo & Falcone, P. C., New York City (Christopher A. Bacotti and Douglas D. Menagh of counsel), for Electrical Employers Self Insurance Safety Plan, amicus curiae.
Edward B. Flink & Associates, Latham (Edward B. Flink of counsel), for Peerless Insurance Company, amicus curiae.
Dennis C. Vacco, Attorney-General, Albany (Michael S. Buskus, Barbara G. Billet and Peter H. Schiff of counsel), for State of New York, amicus curiae.
Schneider, Klenick, Weitz, Damashek & Shoot, New York City (Brian J. Shoot, Robert E. Lahm and Harry Steinberg of counsel), for New York State Trial Lawyers Association, amicus curiae.
MIKOLL, J. P., CREW III, YESAWICH JR. and PETERS, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Third Department.
MERCURE, J.
The sole issue presented on this appeal is whether sections 2 through 9 of the Omnibus Workers' Compensation Reform Act of 1996 (see, L 1996, ch 635 [eff Sept. 10, 1996] [hereinafter the Omnibus Act] should be applied to claims pending but not yet reduced to final judgment on the effective date of the Omnibus Act. For the reasons that follow, we hold that these sections should not be so applied...
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