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August 20, 2013

The law in effect at the time the administrative or court decision is made controls


The law in effect at the time the administrative or court decision is made controls
Trifaro v Town of Colonie, 31 AD3d 821

Pointing out that it is well established that, generally, the law is to be applied as it exists at the time a decision is rendered, even if the law has been altered since the commencement of the action or proceeding, the Appellate Division, citing citing Gager v White, 53 NY2d 475, 483 [1981], cert denied 454 US 1086, said that this rule applies to administrative and judicial proceedings alike.

Accordingly, the Appellate Division vacated a hearing officer’s determination that was based on the law at the time a hearing was requested rather than the law as it existed at the time the decision was made, notwithstanding the fact that the processing of the hearing was delayed by the individual requesting the hearing. 
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