Legal Opinion
Cardew v. Gialanella
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 2012PublishedCited by 1 opinion
1Opinion of the CourtMalone Jr., J.
*1003We reverse. Undoubtedly, respondent Commissioner of Corrections and Community Supervision is granted broad discretion to implement policies relating to the management of correctional facilities, including fiscal control (see Correction Law § 112; Matter of Nardi v LeFevre, 235 AD2d 602, 602 [1997], lv denied 89 NY2d 817 [1997]; Matter of Allah v Coughlin, 190 AD2d 233, 236 [1993], lv denied 82 NY2d 659 [1993]). However, just as well settled is the principle that an administrative agency may not adopt regulations that are inconsistent with statutory language or its underlying purposes (see…
2Cases cited9 opinions
- Allstate Insurance v. RiveraNew York Court of Appeals · 2009
- Allah v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
- Nardi v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1997
- Preston Farms, Inc. v. NacriAppellate Division of the Supreme Court of the State of New York · 1973
- In the Matter of County of Westchester v. Board of Trustees of State University of New YorkNew York Court of Appeals · 2007
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3Cited by1 opinion
- TCF Equipment Finance, Inc. v. Public Trustee for the City & County of DenverColorado Court of Appeals · 2013