Tilelli v. Christenberry

In this article 78 proceeding the petitioner challenges the power of the respondent, New York State Athletic Commission, to change the vote of one of the judges of a boxing match, in the absence of any explicit statutory or regulatory provision authorizing or prohibiting such action by the commission.

' The facts are substantially undisputed. On December 19, 1952, the petitioner, a professional boxer known as Joe Giardella, fought in a licensed match at the Madison Square Garden against Billy Graham, the second respondent. Two members of the commission, one of whom was the chairman, were among…