Di Matteo v. State

Full title: BERNARD M. DI MATTEO et al., Appellants, v. STATE OF NEW YORK, Respondent…

Court: Court of Appeals of the State of New York

Date published: Nov 30, 1976

359 N.E.2d 432 (N.Y. 1976)

359 N.E.2d 432

390 N.Y.S.2d 924

Opinion

Argued October 19, 1976

Decided November 30, 1976

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

Nathaniel Rubin for appellants.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent.

Order reversed, with costs, and the judgment of the Court of Claims reinstated for the reasons stated in the opinion by Judge DANIEL BECKER at the Court of Claims.

Concur: Chief Judge BREITEL and Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE. Judges JASEN and JONES dissent and vote to affirm on the opinion by Mr. Justice MICHAEL E. SWEENEY at the Appellate Division ( 49 A.D.2d 271).