· 7/13/2017
Matter of Attorneys In Violation of Judiciary Law § 468-a. (Kabasinga)
Citations
- 2017 NY Slip Op 5665
- 152 A.D.3d 952
- 55 N.Y.S.3d 681
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a delegation of authority to an agency is constitutional so long as “Congress ‘lay[s] down by legislative act an intelligible principle to which the person or body authorized to [exercise the delegated authority] is directed to conform’”
- holding that a delegation of authority to an agency is constitutional so long as “Congress ‘lay[s] down by legislative act an intelligible principle to which the person or body authorized to [exercise the delegated authority] is directed to conform’”
- explaining that the Court interprets statutory provisions—including delegations—by reading the text “in ‘context’ and in light of the statutory ‘purpose’”
- noting that “a nondelegation inquiry always begins (and often almost ends) with statutory interpretation” and that “[t]he constitutional question is whether Congress has supplied an intelligible principle to guide the delegee’s use of discretion
- rejecting the petitioner’s preferred reading of the statute, under which the Court “would face a nondelegation question”
- explaining that the delegation was narrow because it (1
Source: CourtListener parenthetical corpus (CC0).
Judges: Peters, Garry, Clark, Mulvey, Aarons
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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