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MATTER OF LOEWY v. BINGHAMTON HOUS. AUTH.

5 A.D.2d 916 (1958)

In the Matter of Benjamin J. Loewy, Petitioner, v. Binghamton Housing Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 6, 1958

Under our decision in this case, the agency is free to impose any penalty less than that which we indicated to be the proper maximum, and to that extent a residuum of discretion remains with it. Thus its determination will not be a mere ministerial act. (See Matter of Miller v. Bartlett Tree Expert Co., 3 N.Y.2d 654.) However, the agency's consideration of the issue of punishment will not...

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