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Matter of Carey v. Board of Fire Commr's

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1996
225 A.D.2d 765 (N.Y. App. Div. 1996)

Opinion

March 25, 1996

Appeal from the Supreme Court, Suffolk County (Rohl, J.).


Ordered that the judgment is affirmed insofar as appealed from, with costs.

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 N.Y.2d 855, 857; Village of Hempstead v Roman Catholic Church of Our Lady of Loretto, 198 A.D.2d 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.


Summaries of

Matter of Carey v. Board of Fire Commr's

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1996
225 A.D.2d 765 (N.Y. App. Div. 1996)
Case details for

Matter of Carey v. Board of Fire Commr's

Case Details

Full title:In the Matter of JAMES M. CAREY, Appellant, v. BOARD OF FIRE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 25, 1996

Citations

225 A.D.2d 765 (N.Y. App. Div. 1996)
639 N.Y.S.2d 960