Opinion

McCoy v. Helsby

  • 28 N.Y.2d 790
  • 321 N.Y.S.2d 902
  • 270 N.E.2d 722
  • 77 L.R.R.M. (BNA) 2892
  • 1971 N.Y. LEXIS 1419
Court
New York Court of Appeals
Filed
Apr 8, 1971
Status
Published
Cited by
6 cases
Authority
More cited than 88.6%

The opinion

Order affirmed, without costs, in the following memorandum: The order appealed from should be affirmed on the opinion at the Appellate Division. We would only add that the subjection of the board to certain legislative action, such as the Taylor Law, does not derogate its basic administrative control over the court system, but, rather, only requires the board to be subject to certain reasonable limitations in the exercise of this power. It may be that some future legislative action would so deeply cut at the basic fibre of administrative power as to be violative of section 28 of article VI of the Constitution. The application of the Taylor Law, however, is not such a case.

Concur: Judges Burke, Scileppi, Bergan and Jasen. Judge Breitel concurs solely upon the opinion at the Appellate Division. Taking no part: Chief Judge Fuld and Judge G-ibson.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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