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

Full title: PAVLE-MARTY CAB CORP. et al., Appellants, v. CITY OF NEW YORK et al.…

Court: Court of Appeals of the State of New York

Date published: Nov 15, 1979

48 N.Y.2d 784 (N.Y. 1979)

423 N.Y.S.2d 915

399 N.E.2d 945

Opinion

Argued October 17, 1979

Decided November 15, 1979

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD BAER, J.

Alan B. Decker for appellants.

Allen G. Schwartz, Corporation Counsel (Joel A. Newman and L. Kevin Sheridan of counsel), for respondents.

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 N.Y.2d 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.