Legal Opinion

Stokes v. Newtown Creek Coal & Coke Co.

New York Supreme Court

Decided October 24, 1934PublishedCited by 1 opinion

1Opinion of the CourtMiller, J.

The determination or finding by the Divisional Code Authority, as approved by the administrative appointee, fixing the lowest reasonable cost, is a matter which vested in the discretion and good judgment of the Divisional Code Authority. This determination cannot be interfered with by the courts unless it is arbitrary or contrary to law. The court cannot substitute its judgment for that of the Code Authority.

I find no evidence of an abuse of power or an arbitrary disposition of the matter by the Code Authority. The evidence supports the findings of the Code Authority to the extent at least of…

2Cases cited5 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. People v. NebbiaNew York Court of Appeals · 1933
  3. Sherman v. AbelesNew York Court of Appeals · 1934
  4. Sherman v. AbelesNew York Supreme Court · 1934
  5. Sherman v. AbelesAppellate Division of the Supreme Court of the State of New York · 1934

3Cited by1 opinion

  1. Darweger v. StaatsNew York Supreme Court · 1934

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