Appellate Division of the Supreme Court of New York, 1996

Carey v. Board of Fire Commissioners, Riverhead Fire Department

Carey v. Board of Fire Commissioners, Riverhead Fire Department
Appellate Division of the Supreme Court of New York · Decided March 25, 1996
225 A.D.2d 765; 639 N.Y.2d 960; 639 N.Y.S.2d 960; 1996 N.Y. App. Div. LEXIS 3147
Carey v. Board of Fire Commissioners, Riverhead Fire Department

Opinion of the Court

It is well settled that the construction of regulations by the agency charged with their enforcement will not be overturned by the courts unless that construction is irrational or unreasonable (see, Matter of Kaufman v Sarafan, 59 NY2d 855, 857; *766Village of Hempstead v Roman Catholic Church of Our Lady of Loretto, 198 AD2d 409, 410). We find that the respondent’s construction of Rule 7-6 of the House Rules of the Riverhead Fire Department was not irrational or unreasonable, and therefore, the Supreme Court properly denied the petition and dismissed the proceeding. Rosenblatt, J. P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

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