Check Cashers Ass'n v. Dentzer

Appellate Division of the Supreme Court of New York

Check Cashers Ass'n v. Dentzer

38 A.D.2d 697, 328 N.Y.S.2d 148, 1972 N.Y. App. Div. LEXIS 5510

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 25, 1972

StatusPublished

This text of 38 A.D.2d 697 (Check Cashers Ass'n v. Dentzer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Check Cashers Ass'n v. Dentzer, 38 A.D.2d 697, 328 N.Y.S.2d 148, 1972 N.Y. App. Div. LEXIS 5510 (N.Y. Ct. App. 1972).

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Opinion

Judgment, Supreme Court, New York County, entered on July 8, 1971, in an article 78 proceeding rescinding certain regulations and for other relief, unanimously modified, on the law, to annul said rescission, and otherwise affirmed, without costs and without disbursements. The superintendent’s elimination of special authorization for the extra telephone and telegraphic charges was in accordance with the statute. (See Banking Law, §§ 371, 372; 3 NYCRR 400.6 [a] [5].) In view of the changes in the nature of the check cashing business, the withdrawal of the regulation permitting such charges had a reasonable basis and could not be characterized as arbitrary or capricious. (Matter of Howard v. Wyman, 28 N Y 2d 434, 438; Matter of Marsh v. Catherwood, 13 N Y 2d 235, 239; Matter of Fink v. Cole, 1 N Y 2d 48.) Concur—McGivern, J. P., Murphy, McNally, Steuer and Tilzer, JJ.

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Judgment, Supreme Court, New York County, entered on July 8, 1971, in an article 78 proceeding rescinding certain regulations and for other relief, unanimously modified, on the law, to annul said rescission, and otherwise affirmed, without costs and without disbursements. The superintendent’s elimination of special authorization for the extra telephone and telegraphic charges was in accordance with the statute. (See Banking Law, §§ 371, 372; 3 NYCRR 400.6 [a] [5].) In view of the changes in the nature of the check cashing business, the withdrawal of the regulation permitting such charges had a reasonable basis and could not be characterized as arbitrary or capricious. (Matter of Howard v. Wyman, 28 N Y 2d 434, 438; Matter of Marsh v. Catherwood, 13 N Y 2d 235, 239; Matter of Fink v. Cole, 1 N Y 2d 48.) Concur—McGivern, J. P., Murphy, McNally, Steuer and Tilzer, JJ.

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Bluebook (online)

38 A.D.2d 697, 328 N.Y.S.2d 148, 1972 N.Y. App. Div. LEXIS 5510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/check-cashers-assn-v-dentzer-nyappdiv-1972.