Pavle-Marty Cab Corp. v. City of New York

New York Court of Appeals

Pavle-Marty Cab Corp. v. City of New York

399 N.E.2d 945, 48 N.Y.2d 784, 423 N.Y.S.2d 915, 1979 N.Y. LEXIS 2444

CourtNew York Court of Appeals

DecidedNovember 15, 1979

StatusPublished

Cited by1 cases

This text of 399 N.E.2d 945 (Pavle-Marty Cab Corp. v. City of New York) 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.

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Pavle-Marty Cab Corp. v. City of New York, 399 N.E.2d 945, 48 N.Y.2d 784, 423 N.Y.S.2d 915, 1979 N.Y. LEXIS 2444 (N.Y. 1979).

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Opinion

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed, with costs. While it is beyond cavil that "the Legislature cannot delegate its lawmaking power to an administrative agency”, it is equally true that "the Legislature may declare its will, and after fixing a primary standard, endow administrative agencies with the power to fill in the interstices in the legislative product by prescribing rules and regulations consistent with the enabling legislation” (Matter of Nicholas v Kahn, 47 NY2d 24, 31). Applying these principles to the instant case, it is apparent that the challenged rule properly implements and is clearly authorized by section 2300 of chapter 65 of the New York City Charter.

We have considered appellants’ other contentions, and find them to be devoid of merit.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed, with costs. While it is beyond cavil that "the Legislature cannot delegate its lawmaking power to an administrative agency”, it is equally true that "the Legislature may declare its will, and after fixing a primary standard, endow administrative agencies with the power to fill in the interstices in the legislative product by prescribing rules and regulations consistent with the enabling legislation” (Matter of Nicholas v Kahn, 47 NY2d 24, 31). Applying these principles to the instant case, it is apparent that the challenged rule properly implements and is clearly authorized by section 2300 of chapter 65 of the New York City Charter.

We have considered appellants’ other contentions, and find them to be devoid of merit.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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399 N.E.2d 945, 48 N.Y.2d 784, 423 N.Y.S.2d 915, 1979 N.Y. LEXIS 2444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pavle-marty-cab-corp-v-city-of-new-york-ny-1979.

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