Matter of Wong v. Finkelstein
Cases that cite this one
8 later published cases cite this decision.
- Faymor Development Co. v. Board of Standards & Appeals (N.Y. 1978)
- In re the County of Nassau (N.Y. 1965)
- Van Allen v. McCleary (New York Supreme Court 1961)
- Rublick v. Weaver (New York Supreme Court 1957)
- Sheridan Associates, Inc. v. Coffey (New York Supreme Court 1955)
- Méndez López v. District Court of Puerto Rico (Supreme Court of Puerto Rico 1951)
- Méndez López v. Tribunal de Distrito de Puerto Rico (Supreme Court of Puerto Rico 1951)
- Esposito v. Wetzel (Appellate Terms of the Supreme Court of New York 1949)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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, § U41-7.0, subd. c). To grant the order sought by the landlord in this article 78 proceeding would be to require the commission to exceed its statutory powers. That may not be done.
We neither reach nor pass upon the constitutional questions advanced by appellant. .
The order of the Appellate Division should be affirmed, with costs.
Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Bromley, JJ., concur.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.