Legal Opinion · Concurrence
Benvenga v. La Guardia
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1944Published
1ConcurrenceBrewster, J.
(concurring.) I concur in the opinion of Justice Heeeerkait. A near view of the- question reduces it down to whether the delegation of power granted by the statute (Judiciary Law, § 143) carries with it the power which the defendants-appellants have assumed to exercise, viz., whether the grant of *576power to provide for and pay the additional compensation includes the power to decrease it at all, once the expressed power has been exercised. The power to decrease has not been expressly given but the claim is that it was granted by implication in the express grant. That the questioned power is at…
2Cases cited16 opinions
- Matter of Jensen v. . Southern Pacific Co.New York Court of Appeals · 1915
- Matter of N.Y. Elevated R.R. Co.New York Court of Appeals · 1877
- People v. C. Klinck Packing Co.New York Court of Appeals · 1915
- People Ex Rel. Unger v. . KennedyNew York Court of Appeals · 1913
- Mayor, Etc., of N.Y. v. . SandsNew York Court of Appeals · 1887
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