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Lavelle v. Gonzalez

450 N.E.2d 218, 59 N.Y.2d 670, 463 N.Y.S.2d 412, 1983 N.Y. LEXIS 3059
CourtNew York Court of Appeals
DecidedApril 29, 1983
StatusPublished
Cited by6 cases

This text of 450 N.E.2d 218 (Lavelle v. Gonzalez) 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
Lavelle v. Gonzalez, 450 N.E.2d 218, 59 N.Y.2d 670, 463 N.Y.S.2d 412, 1983 N.Y. LEXIS 3059 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs, for the reasons stated in the memorandum opinion of that court.

Arguments raised by appellant in our court grounded on the manual and regulations promulgated by the board of education with the approval of the board of elections are unavailing inasmuch as the provisions of the Education Law allow for the promulgation of such regulations only to the extent that they are not inconsistent with the provisions of the Education Law (Education Law, § 2590-c, subd 6, pars [1], [32]). The latter law includes through incorporation by reference the provisions of the Election Law in which the Appellate Division rested its determination. (Education Law, § 2590-c, subd 6, par [31]).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur; Judge Fuchsberg taking no part.

Order affirmed, without costs, in a memorandum.

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Bluebook (online)
450 N.E.2d 218, 59 N.Y.2d 670, 463 N.Y.S.2d 412, 1983 N.Y. LEXIS 3059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lavelle-v-gonzalez-ny-1983.