KOUTRAKOS v. LONG ISLAND COLLEGE HOSPITAL, 39 N.Y.2d 1026 (1976)

387 N.Y.S.2d 247, 355 N.E.2d 301

CHRISTALA KOUTRAKOS, Individually and as Administratrix of the Estate of JAMES KOUTRAKOS, Deceased, Appellant, v. LONG ISLAND COLLEGE HOSPITAL et al., Defendants. GREAT AMERICAN INSURANCE COMPANY, Respondent.

Court of Appeals of the State of New York.Argued June 7, 1976
Decided July 13, 1976

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department,

Page 1027

ABRAHAM J. MULTER, J.

Page 1028

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.