Judd v. Constantine

While in agreement with the result reached by the majority, I write separately to note my concern over the increasing intrusion of a collateral issue that is often more complex and difficult than the central issue of statutory interpretation raised in proceedings such as the one at bar. The rule which accords judicial deference to an administrative agency’s interpretation of a statute (see, e.g., Matter of Howard v Wyman, 28 NY2d 434) appears to be an outgrowth of the extrinsic aid to statutory construction based upon the manner in which an ambiguous statute has been interpreted by those who…