City of New York v. State

Full title: CITY OF NEW YORK, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No…

Court: Court of Appeals of the State of New York

Date published: Jul 1, 1976

353 N.E.2d 848 (N.Y. 1976)

353 N.E.2d 848

386 N.Y.S.2d 884

Opinion

Argued June 2, 1976

Decided July 1, 1976

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DANIEL BECKER, J.

Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons, Ruth Kessler Toch and Grace K. Banoff of counsel), for appellant. W. Bernard Richland, Corporation Counsel (Morris Einhorn and L. Kevin Sheridan of counsel), for respondent.

Order affirmed, with costs, on the opinion by then Presiding Justice J. CLARENCE HERLIHY at the Appellate Division ( 48 A.D.2d 79). We also note that the question of timeliness argued by the State was raised for the first time at the Appellate Division. Since this issue was not presented to the Court of Claims it has not been preserved for our review.

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