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. .
CAUTION
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For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf.
Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
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