New York Court of Appeals
Brad H. v. City of New York…
June 28, 201117 N.Y.3d 180
Summary
The New York Court of Appeals held that the settlement’s five‑year term began on the implementation date of June 3, 2003, so the agreement did not terminate until May 25‑26, 2009, making the plaintiffs’ May 22, 2009 motion timely. The Court reversed the Appellate Division, reinstated the Supreme Court order, and answered the certified question in the negative. Justice Pigott dissented, arguing that monitoring began on May 19, 2003 and the settlement had already expired.