Does the Court of Appeal have any authority to overturn a final disposition?

"New York", United States of America

The following excerpt is from Victor G., Matter of, 162 Misc.2d 151, 616 N.Y.S.2d 447 (N.Y. Fam. Ct. 1994):

"It is settled law, however, that '[t]he conclusive effect of a final disposition is not to be disturbed by a subsequent change in decisional law' [citing cases]. The principle applies even when the change heralds a new policy as important as the relative apportionment doctrine evolved in Dole v. Dow Chem. Co. [citing cases]. That the change in legal doctrine is constitutional in nature does not, automatically, dictate a different result. It may be that where a final adjudication affects "important ongoing social or political relationships", a subsequent major change in constitutional doctrine should permit reconsideration of the original claim, at least as to its future effect [citation]. That possibility need not be addressed, for the situation posited is not presented in this case." 5

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