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Koenigsmark v. State

55 N.Y.2d 928 Court N.Y. Decision date 1982-02-11 English

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p. 928
Jeffrey Koenigsmark, Appellant, v State of New York, Respondent.
Argued January 14, 1982;
decided February 11, 1982
p. 929
APPEARANCES OF COUNSEL
John F. O’Mara for appellant.
Robert Abrams, Attorney-General {Lew A. Millenbach and Shirley Adelson Siegel of counsel), for respondent.

OPINION OF THE COURT

Order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division ( 80 AD2d 707 ).

p. 930
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. Judge Fuchsberg concurs in the following memorandum: Since the very recent decision in Topel v Long Is. Jewish Med. Center ( 55 NY2d 682 , 685 [Fuchsberg, J., dissenting]) would have required that this case be dismissed, not just on the facts as the Court of Claims and the Appellate Division did, but on the law as well, a fortiori, I too vote to affirm though on constraint of that case.

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