recognizing that the authority of an agency to bring suit does not require “that in every instance there be express legislative authority”; rather, the capacity to sue may also be inferred as a “necessary implication from [the agency’s] power and responsibility,” provided that “there is no clear legislative intent negating review”
How later courts described this case
- recognizing that the authority of an agency to bring suit does not require “that in every instance there be express legislative authority”; rather, the capacity to sue may also be inferred as a “necessary implication from [the agency’s] power and responsibility,” provided that “there is no clear legislative intent negating review”
- holding that a city civil service commission has the inherent authority to seek injunctive or other incidental relief when a city agency violates the merit system law
- holding that the Personnel Director “has both the policymaking authority and functional responsibility for civil service matters in New York City”
- whether challenge is raised by private entity or "by a governmental officer or agency with policy-making authority and functional responsibility in the subject area sought to be reviewed, the factors to be applied in determining standing to seek review of an administrative decision are the same”
Written by the judges who cited it.
The opinion
Simons, J.
(concurring). I concur in the result because I
agree with the majority that the city Personnel Director has implied authority to maintain this action and therefore comes within the rule stated in Matter of Flacke v Freshwater Wetlands Appeals Bd. ( 53 NY2d 537, 540 ). In my judgment, however, the rules of standing set forth in Matter of Dairylea Coop. v Walkley ( 38 NY2d 6 ) are inapplicable to intra-governmental disputes (Matter of Pooler v Public Serv. Comm., 58 AD2d 940 , affd 43 NY2d 750 ). Insofar as Matter of Bradford Cent. School Dist. v Ambach ( 56 NY2d 158 ) holds otherwise, that case involved a dispute between a local school board and a State agency, not two units within the same department of local government.