299 N.Y. 205 | NY | 1949
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,
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. *208