MATTER OF TILELLI v. CHRISTENBERRY


1 Misc.2d 139 (1953)

In the Matter of Tilelli (Joe Giardella), Petitioner, v. Robert K. Christenberry et al., Constituting the State Athletic Commission, Respondents.

Supreme Court, Special Term, New York County.

February 17, 1953.


Attorney(s) appearing for the Case

J. Norman Lewis and James P. Durante for petitioner.

Nathaniel L. Goldstein, Attorney-General (Samuel A. Hirsh-owitz of counsel), for State Athletic Commission, respondent.

Martin B. Nadle for Billy Graham, respondent.


BOTEIN, J.

In this article 78 proceeding the petitioner challenges the power of the respondent, New York State Athletic Commission, to change the vote of one of the judges of a boxing match, in the absence of any explicit statutory or regulatory provision authorizing or prohibiting such action by the commission.

The facts are substantially undisputed. On December 19, 1952, the petitioner, a professional...

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