Calfapietra v. Walsh

The rule for violation of which petitioner has been

dismissed from the Fire Department commands that “Members shall not: * * * 3. Engage in another business or employment.” (Rules and Regulations for the Uniformed Force of Fire Department of .City of New York, § 224, subd. 3.) The purported power to make such a rule is based upon subdivision a of section 885 of the New York City Charter (1938), which reads as follows: “ a. Each head of an agency may, except as otherwise provided by law, make rules and regulations for the conduct of his office or department and to carry Out its powers and…