Legal Opinion
Hawley v. Cuomo
New York Court of Appeals
Decided March 22, 1979PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The questioned two-county nonsolicitation order of the Secretary of State was purportedly promulgated pursuant to article 12-A of the Real Property Law and section 91 of the Executive Law (see Thompson v Lomenzo, 78 Misc 2d 298, 300, affd 48 AD2d 869). The proper standard of review in respect to an administrative regulation, legislative in charactér, is whether the action of the administrative board or officer "was affected by an error of. law or was arbitrary and capricious or an abuse of discretion” (CPLR 7803, subd 3; Matter of Pell v Board of Educ., 34 NY2d…
2Cases cited4 opinions
- Grossman v. BaumgartnerNew York Court of Appeals · 1966
- Thompson v. LomenzoAppellate Division of the Supreme Court of the State of New York · 1975
- Thompson v. LomenzoNew York Supreme Court · 1974
- Triolo v. JohnsonNew York Supreme Court · 1970
3Cited by13 opinions
- New York State Association of Realtors, Inc. And Clifford Hall v. Gail S. Shaffer, Individually and as Secretary of State of the State of New YorkCourt of Appeals for the Second Circuit · 1994
- Campagna v. ShafferNew York Court of Appeals · 1989
- Jewish Memorial Hospital v. WhalenNew York Court of Appeals · 1979
- Stein v. Rent Guidelines BoardAppellate Division of the Supreme Court of the State of New York · 1987
- New York State Ass'n of Realtors, Inc. v. ShafferDistrict Court, E.D. New York · 1993
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