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Schaffer v. Evans

Martin B. Schaffer v. Herbert B. Evans, as Chief Administrator of the Unified Court System of the State of New York

Schaffer v. Evans, 443 N.E.2d 485 (N.Y. 1982)
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Court
New York Court of Appeals · State Highest Courts
Decided
November 9, 1982
Citations
443 N.E.2d 48557 N.Y.2d 992457 N.Y.S.2d 2371982 N.Y. LEXIS 3837

Opinion of the Court

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

*994 We agree with the Appellate Division that plaintiff’s causes of action against the State officials are primarily claims against the State for money damages and as such could only be entertained in the Court of Claims (Court of Claims Act, § 9, subd 4). Nor can it be said that the Appellate Division abused its discretion in not converting this complaint requesting monetary compensation for past services into an article 78 proceeding.

Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur; Chief Judge Cooke taking no part.

Order affirmed, with costs, in a memorandum.

How later courts describe this case

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Cited by 32 cases

View all citing references →
1983: 41984: 51985: 41986: 11987: 11988: 11989: 21990: 11991: 11992: 11994: 11995: 21999: 12009: 22015: 12019: 22021: 12023: 119832026peak 1984 · 5

Relies on it most ⓘ

  1. Gross v. Perales527 N.E.2d 1205 (N.Y. 1988)
  2. Morell v. Balasubramanian514 N.E.2d 1101 (N.Y. 1987)
  3. Cass v. State of New York448 N.E.2d 786 (N.Y. 1983)
  4. Ott v. Barash109 A.D.2d 254 (1985)
  5. Peterson v. New York City Department of Environmental Protection66 A.D.3d 1027 (2009)
  6. Montalvo v. Consolidated Edison Co. of New York, Inc.92 A.D.2d 389 (1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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