Carey v. Board of Fire Commissioners, Riverhead Fire Department

Appellate Division of the Supreme Court of New York

Carey v. Board of Fire Commissioners, Riverhead Fire Department

225 A.D.2d 765, 639 N.Y.2d 960, 639 N.Y.S.2d 960, 1996 N.Y. App. Div. LEXIS 3147

Appellate Division of the Supreme Court of the State of New York·Decided March 25, 1996·Published

Opinion

It is well settled that the construction of regulations by the agency charged with their enforcement will not be overturned by the courts unless that construction is irrational or unreasonable (see, Matter of Kaufman v Sarafan, 59 NY2d 855, 857; [766]*766Village of Hempstead v Roman Catholic Church of Our Lady of Loretto, 198 AD2d 409, 410). We find that the respondent’s construction of Rule 7-6 of the House Rules of the Riverhead Fire Department was not irrational or unreasonable, and therefore, the Supreme Court properly denied the petition and dismissed the proceeding. Rosenblatt, J. P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

It is well settled that the construction of regulations by the agency charged with their enforcement will not be overturned by the courts unless that construction is irrational or unreasonable (see, Matter of Kaufman v Sarafan, 59 NY2d 855, 857; [766]*766Village of Hempstead v Roman Catholic Church of Our Lady of Loretto, 198 AD2d 409, 410). We find that the respondent’s construction of Rule 7-6 of the House Rules of the Riverhead Fire Department was not irrational or unreasonable, and therefore, the Supreme Court properly denied the petition and dismissed the proceeding. Rosenblatt, J. P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

Carey v. Board of Fire Commissioners, Riverhead Fire Department, 225 A.D.2d 765, 639 N.Y.2d 960, 639 N.Y.S.2d 960, 1996 N.Y. App. Div. LEXIS 3147 (N.Y. Ct. App. 1996).

Pincite

225 A.D.2d 765 (Carey v. Board of Fire Commissioners, Riverhead Fire Department) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related