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266 A.D. 561

Friedman v. Valentine

Appellate Division of the Supreme Court of the State of New York · decided 1943-07-02

Good law ✅— No negative treatment on recordhow we know

Decided 1943-07-02

How this case has been cited

Cited by 6 later decisions — most recently August 1993

2 federal appellate ·

40194319501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Callahan, J.

¶1(concurring). This case differs from Acorn Employment Service, Inc., v. Moss (266 App. Div. 829), in that here, in addition to the power granted by section 885 of the New York City Charter (1938) permitting the Commissioner to make rules for the conduct of his own office, he is granted express power to make such rules and regulations for the supervision and operation of the businesses under his jurisdiction as are not inconsistent with any other provisions of law (New York City Charter [1938], § 436).

¶2Reading all the applicable statutes together, including those defining the duties of the Police Commissioner there appears *563to be a sufficient standard supplied concerning the rule-making power.

¶3The regulations adopted (as amended) seem reasonable. Though the right retained in rule 5 of the Regulations Groverning Cabarets to revoke an identification card is broad and without any express limitation, I think there is an implied limitation that the administrative act may only be for good cause shown. There is right to judicial review (Civ. Prac. Act, art. 78). Accordingly, there is no unconstitutional interference with the fundamental right to work.'

¶4The order should be affirmed, with twenty dollars costs and disbursements.

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