Summary
In Koutrakos v Long Is. Coll. Hosp. (39 N.Y.2d 1026, affg 47 A.D.2d 500), the Court of Appeals affirmed our determination that subdivision 1 of section 29, prior to the 1975 amendment, was constitutional, notwithstanding the fact that it did not permit the apportionment now authorized.
Summary of this case from Matter of Brown v. Travelers Insurance CompanyOpinion
Argued June 7, 1976
Decided July 13, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ABRAHAM J. MULTER, J.
Ira J. Raab, David Levine and Jeffrey M. Samuels for appellant.
Leonard J. Linden for respondent.
Louis J. Lefkowitz, Attorney-General (Henriette Frieder, Samuel A. Hirshowitz and Daniel Polansky of counsel), in his statutory capacity under section 71 of the Executive Law.
Order affirmed, without costs, in the following memorandum: We affirm on the opinion of Mr. Justice J. IRWIN SHAPIRO at the Appellate Division, noting that, while the Legislature has since amended the statute (Workmen's Compensation Law, § 29, subd 1, as amd by L 1975, ch 190, § 1), its effective date (June 10, 1975) did not precede either the settlement of the third-party action or the court's order fixing payment of the lien (cf. Codling v Paglia, 32 N.Y.2d 330, 344).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.