Legal Opinion
Matter of Wong v. Finkelstein
New York Court of Appeals
Decided May 19, 1949PublishedCited by 9 opinions
1Per curiam
A public body cannot be commanded in an article 78 proceeding to perform an act not authorized by the statute from which it derives its power. (See, e.g., Matter of Burr v. Voorhis, 229 N. Y. 382, 387; Matter of Hart, 161 N. Y. 507; Matter of Economy Holding Corp. v. Berry, 234 App. Div. 214, 217.) In this case, the defendant commission is not empowered by the applicable local law to issue a certificate of eviction upon the ground that the landlord desires to withdraw the property from the rental market (Local Laws, 1949, No. 7 of City of New York; Administrative Code of City of New York, §…
2Cases cited3 opinions
- Matter of Burr v. . VoorhisNew York Court of Appeals · 1920
- Matter of HartNew York Court of Appeals · 1900
- Economy Holding Corp. v. BerryAppellate Division of the Supreme Court of the State of New York · 1932
3Cited by9 opinions
- Faymor Development Co. v. Board of Standards & AppealsNew York Court of Appeals · 1978
- Loab Estates, Inc. v. DruheNew York Court of Appeals · 1949
- Van Allen v. McClearyNew York Supreme Court · 1961
- Esposito v. WetzelAppellate Terms of the Supreme Court of New York · 1949
- Méndez López v. Tribunal de Distrito de Puerto RicoSupreme Court of Puerto Rico · 1951
4 more not listed; retrieve them via the Exa API.