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Matter of Barroncini v. Shang

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1980
77 A.D.2d 803 (N.Y. App. Div. 1980)

Opinion

July 10, 1980

Appeal from the Oneida Supreme Court.

Present — Dillon, P.J., Cardamone, Doerr, Witmer and Moule, JJ.


Judgment unanimously affirmed, without costs. Memorandum: The only reasonable interpretation which may be placed upon the language of subdivision 2 of section 15 Transp. Corp. of the Transportation Corporations Law is that which is enunciated in Matter of Rivera v. Berger ( 89 Misc.2d 586, 593-594, affd 60 A.D.2d 605, mot for lv to app den 44 N.Y.2d 642, app dsmd 44 N.Y.2d 731). For that reason and because we agree with Special Term here that the mandated advances are recoupable (see Social Services Law, § 350-j, subd 2, pars [e], [f]; compare Matter of Jones v. Berman, 37 N.Y.2d 42), the judgment should be affirmed. We do not agree, however, with the dicta expressed in Rivera that the due process rights of the utility would be impaired if subdivision 2 of section 15 Transp. Corp. of the Transportation Corporations Law were construed to require the continuation of the utility's services on the sole premise of the assurance of prospective payment (cf. Transportation Corporations Law, § 12). In our view, that construction of the statute would present no constitutional impediment and thus the Legislature is not proscribed from legislating such intent in appropriate language.


Summaries of

Matter of Barroncini v. Shang

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1980
77 A.D.2d 803 (N.Y. App. Div. 1980)
Case details for

Matter of Barroncini v. Shang

Case Details

Full title:In the Matter of DONALD BARRONCINI et al., Respondents, v. CARMEN SHANG…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 10, 1980

Citations

77 A.D.2d 803 (N.Y. App. Div. 1980)

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Matter of Guarno v. Shang

Judgment unanimously affirmed, without costs. Same memorandum as in Matter of Barroncini v. Shang ( 77 A.D.2d…