13 Cited authorities

  1. Brothers v. Florence

    739 N.E.2d 733 (N.Y. 2000)   Cited 61 times
    Holding that it was unreasonable to apply an amended statute of limitations that shortened the time in which to file medical-malpractice claims to a suit that, upon passage of the new statute of limitations, was to be filed within four months rather than within the significantly longer time under the old statute, given the diligent pursuit of the claim by the plaintiff from the time of accrual
  2. James Square Assocs. LP v. Mullen

    2013 N.Y. Slip Op. 3935 (N.Y. 2013)   Cited 32 times
    In James Sq., the Court concluded that a retroactive period of 16 months “should be considered excessive and weighs against the State” (21 N.Y.3d at 249, 970 N.Y.S.2d 888, 993 N.E.2d 374).
  3. In re County of St. Lawrence

    81 A.D.3d 212 (N.Y. App. Div. 2011)   Cited 21 times
    Stating that "[u]nder New York law, retroactive operation is not favored by courts and statutes will not be given such construction unless the language expressly or by necessary implication requires it," and that it is "a fundamental rule of statutory interpretation that statutes affecting substantive rights and liabilities are presumed to have only prospective effect."
  4. Pines v. State

    115 A.D.3d 80 (N.Y. App. Div. 2014)   Cited 7 times

    2014-01-22 Emily PINES, et al., respondents, v. STATE of New York, appellant. Eric T. Schneiderman, Attorney General, Albany, N.Y. (Andrew D. Bing and Julie M. Sheridan of counsel), for appellant. Steven Cohn, P.C., Carle Place, N.Y. (Richard Lieb and Paula Schwartz Frome of counsel), for respondents. MARK C. DILLON Eric T. Schneiderman, Attorney General, Albany, N.Y. (Andrew D. Bing and Julie M. Sheridan of counsel), for appellant. Steven Cohn, P.C., Carle Place, N.Y. (Richard Lieb and Paula Schwartz

  5. Herkimer v. Daines

    876 N.Y.S.2d 303 (N.Y. App. Div. 2009)   Cited 11 times

    No. 292 CA 08-02202. March 27, 2009. Appeal from a judgment (denominated order and judgment) of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered July 18, 2008 in a proceeding pursuant to CPLR article 78. The judgment granted the amended petition. ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENTS-APPELLANTS. WHITEMAN OSTERMAN HANNA LLP, ALBANY (CHRISTOPHER E. BUCKEY OF COUNSEL), FOR PETITIONER-RESPONDENT. Present Martoche, J.P., Smith, Centra

  6. Cnty. of St. v. Shah

    945 N.Y.S.2d 443 (N.Y. App. Div. 2012)   Cited 7 times

    2012-05-17 In the Matter of COUNTY OF ST. LAWRENCE, Respondent, v. Nirav R. SHAH, as Commissioner of Health, et al., Appellants. Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for appellants. Whiteman, Osterman & Hanna, L.L.P., Albany (Christopher E. Buckey of counsel), for respondent. KAVANAGH Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for appellants. Whiteman, Osterman & Hanna, L.L.P., Albany (Christopher E. Buckey of counsel), for

  7. Niagara v. Daines

    874 N.Y.S.2d 924 (N.Y. App. Div. 2009)   Cited 8 times

    No. 297 CA 08-02203. March 27, 2009. Appeal from a judgment (denominated order and judgment) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered July 9, 2008 in a proceeding pursuant to CPLR article 78. The judgment granted the petition. ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENTS-APPELLANTS. WHITEMAN OSTERMAN HANNA LLP, ALBANY (CHRISTOPHER E. BUCKEY OF COUNSEL), FOR PETITIONER-RESPONDENT. Present Martoche, J.P., Smith, Centra, Fahey

  8. Cnty. of Niagara v. Daines

    944 N.Y.S.2d 712 (N.Y. App. Div. 2012)

    2012-04-20 In the Matter of COUNTY OF NIAGARA, Petitioner–Respondent, v. Richard F. DAINES, Commissioner, New York State Department of Health and New York State Department of Health, Respondents–Appellants. PRESENT: SCUDDER, P.J., SMITH, CENTRA, AND LINDLEY, JJ. Motion for leave to appeal to the Court of Appeals denied.

  9. Faymor Development Co. v. Board of Standards & Appeals

    383 N.E.2d 100 (N.Y. 1978)   Cited 31 times
    In Faymor, 410 N.Y.S.2d at 801, 383 N.E.2d at 103, the landowner's efforts to proceed with construction were delayed and ultimately frustrated by violent opposition from area residents, who took to the streets and prevented work crews from entering the construction site.
  10. Cimo v. State

    116 N.E.2d 290 (N.Y. 1953)   Cited 60 times

    Argued October 16, 1953 Decided December 3, 1953 Appeal from the Supreme Court, Appellate Division, Fourth Department, GORMAN, J. Charles J. Mistretta for appellant. Nathaniel L. Goldstein, Attorney-General ( John R. Davison and Wendell P. Brown of counsel), for respondent. DESMOND, J. Claimant-appellant Cimo, the owner of real property in the village of Falconer, New York, appeals here from a unanimous order of the Appellant Division, Fourth Department, which reversed, on the law, an order made