Court of Appeals Watch

The Court of Appeals has granted leave to appeal in the following cases:

Goldenberg v. Westchester County Health Care Corp. - in this medical malpractice action, the plaintiff served the summons and complaint upon the defendants without ever filing them or obtaining an index number and paying the filing fee for the action. Following the expiration of the applicable statute of limitations, the defendants moved to dismiss the complaint as time-barred, and the plaintiff cross-moved for leave to file the summons and complaint nunc pro tunc. The Supreme Court granted the defendant's motion and denied the plaintiff’s cross-motion. The Appellate Division affirmed.

Matter of National Fuel Gas Distribution v. Public Service Commission of State - National Gas filed a proposal with the Public Service Commission seeking to increase its rates for the 2008 rate year and to pass on to its ratepayers certain costs of site investigation and remediation (SIR). At issue is whether the Commission improperly reduced the amount of SIR costs that National Gas could pass on to its customers.