Fox v. Stewart

New York Court of Appeals

Fox v. Stewart

270 N.E.2d 732, 28 N.Y.2d 814, 321 N.Y.S.2d 915, 1971 N.Y. LEXIS 1378

DecidedApril 15, 1971

StatusPublished

This text of 270 N.E.2d 732 (Fox v. Stewart) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fox v. Stewart, 270 N.E.2d 732, 28 N.Y.2d 814, 321 N.Y.S.2d 915, 1971 N.Y. LEXIS 1378 (N.Y. 1971).

Pincite

Opinion

Order affirmed, without costs. The remission by the Appellate Division to the Superintendent of Insurance was expressly intended to afford a mechanism for rehearing the license revocation proceeding to consider the facts on which the Secretary of State granted petitioner a real estate broker’s license and was addressed to the Superintendent’s statement that he did not have power to grant a rehearing. The remission for this limited purpose does not impair the free exercise of the Superintendent’s statutory authority. The power of the Appellate Division to remit for such further inquiry is the only question open on this appeal.

Concur: Chief Judge Fuu> and Judges Burke, Soxleppi, Bergan, Breitel, Jasen and Gebson.

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

Order affirmed, without costs. The remission by the Appellate Division to the Superintendent of Insurance was expressly intended to afford a mechanism for rehearing the license revocation proceeding to consider the facts on which the Secretary of State granted petitioner a real estate broker’s license and was addressed to the Superintendent’s statement that he did not have power to grant a rehearing. The remission for this limited purpose does not impair the free exercise of the Superintendent’s statutory authority. The power of the Appellate Division to remit for such further inquiry is the only question open on this appeal.

Concur: Chief Judge Fuu> and Judges Burke, Soxleppi, Bergan, Breitel, Jasen and Gebson.

Cite This Page — Counsel Stack

Bluebook (online)

270 N.E.2d 732, 28 N.Y.2d 814, 321 N.Y.S.2d 915, 1971 N.Y. LEXIS 1378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-stewart-ny-1971.