People v. Calabro

CourtNew York Recorder's Court
Writing for the CourtJOHN E. HOLT-HARRIS, Jr.
Citation7 Misc.2d 732,170 N.Y.S.2d 876
Decision Date01 November 1957
PartiesThe PEOPLE of the State of New York, Plaintiff, v. Joseph S. CALABRO, Defendant. Recorder's Court of City of Albany

Page 876

170 N.Y.S.2d 876
7 Misc.2d 732
The PEOPLE of the State of New York, Plaintiff,
v.
Joseph S. CALABRO, Defendant.
Recorder's Court of City of Albany.
Nov. 1, 1957.

Page 877

George Meyl, Dist. Atty., Albany (Condon Lyons, Albany, of counsel), for plaintiff.

Donald Gallagher, Albany, for defendant.

JOHN E. HOLT-HARRIS, Jr., Judge.

The information herein charges the defendant with a violation of section 3 of article 3 of the Thruway Rules and Regulations of the State of New York promulgated by the New York State Thruway Authority pursuant to subdivision 1 of section 361 of the Public Authorities Law of the State of New York.

Such section authorizes the Authority, which is elsewhere defined as a body corporate and politic, constituting a public corporation, to promulgate rules and regulations with respect to the use of the Thruway. Section 3 of article 3, in essence, prohibits commercial transactions on the Thruway except by persons or corporations specifically authorized by the Authority to enter such transactions.

[7 Misc.2d 733] The People offered proof to the effect that the defendant, acting without the sanction of the Thruway Authority, had, at the request of a motorist,

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sold gasoline on Thruway property at the Washington Avenue interchange in Albany. No proof was offered concerning the existence of section 3 of article 3, and, at the close of the People's case, the defendant moved for dismissal of the charge on the ground that there had been no proof that the Thruway Authority had filed the rule with the Secretary of State.

The question then arose as to whether the court should take judicial notice of the existence of the rule.

Section 8 of article IV of the State Constitution provides as follows: 'No rule or regulation made by any state department, board, bureau, officer, authority or commission, except such as relates to the organization or internal management of a state department, board, bureau, authority or commission shall be effective until it is filed in the office of the department of state. The legislature shall provide for the speedy publication of such rules and regulations, by appropriate laws.'

It should be noted that there is no definition of what constitutes a 'rule or regulation' and there is no mandate directed to the administrative agency to file anything with the Department of State. There is simply a provision that 'No rule or regulation * * * shall be effective until it is filed.' The...

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8 practice notes
  • State v. Fries, No. 82-226
    • United States
    • Supreme Court of Nebraska
    • July 22, 1983
    ...was not in any sense a defense to the crimes charged. "In that connection, such conclusions are supported by People v. Calabro, 7 Misc.2d 732, 170 N.Y.S.2d 876; Kilgore Nat. Bank v. Federal Petroleum Board, 209 F.2d 557; State v. Andre, 101 Mont. 366, 54 P.2d 566; State v. Grimshaw, 49......
  • Van Allen v. McCleary, No. 3
    • United States
    • United States State Supreme Court (New York)
    • January 18, 1961
    ...officers and agencies be filed in the office of the Department of State and shall not be effective until so filed. See People v. Calabro, 7 Misc.2d 732, 170 N.Y.S.2d 876. Pursuant to this constitutional mandate, the Commissioner of Education has filed extensive regulations encompassing 32 a......
  • People v. Walters
    • United States
    • New York Supreme Court Appellate Division
    • December 8, 2010
    ...that the rules and regulations of a department head to be effective and enforceable must be published."); ( People v. Calabro, 7 Misc.2d 732, 732-734, 170 N.Y.S.2d 876 [Recorder's Ct., Albany City 1957] ) (dismissing charge against motorist because rule premising offense had not been f......
  • The People Of The State Of N.Y. v. Walters, 45772
    • United States
    • United States Court of Appeals (New York)
    • December 8, 2010
    ...that the rules and regulations of a department head to be effective and enforceable must be published."); (People v Calabro, 7 Misc 2d 732, 732-734 [Recorder's Ct, Albany City 1957]) (dismissing charge against motorist because rule premising offense had not been filed with the Secretar......
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8 cases
  • State v. Fries, No. 82-226
    • United States
    • Supreme Court of Nebraska
    • July 22, 1983
    ...was not in any sense a defense to the crimes charged. "In that connection, such conclusions are supported by People v. Calabro, 7 Misc.2d 732, 170 N.Y.S.2d 876; Kilgore Nat. Bank v. Federal Petroleum Board, 209 F.2d 557; State v. Andre, 101 Mont. 366, 54 P.2d 566; State v. Grimshaw, 49......
  • Van Allen v. McCleary, No. 3
    • United States
    • United States State Supreme Court (New York)
    • January 18, 1961
    ...officers and agencies be filed in the office of the Department of State and shall not be effective until so filed. See People v. Calabro, 7 Misc.2d 732, 170 N.Y.S.2d 876. Pursuant to this constitutional mandate, the Commissioner of Education has filed extensive regulations encompassing 32 a......
  • People v. Walters
    • United States
    • New York Supreme Court Appellate Division
    • December 8, 2010
    ...that the rules and regulations of a department head to be effective and enforceable must be published."); ( People v. Calabro, 7 Misc.2d 732, 732-734, 170 N.Y.S.2d 876 [Recorder's Ct., Albany City 1957] ) (dismissing charge against motorist because rule premising offense had not been f......
  • The People Of The State Of N.Y. v. Walters, 45772
    • United States
    • United States Court of Appeals (New York)
    • December 8, 2010
    ...that the rules and regulations of a department head to be effective and enforceable must be published."); (People v Calabro, 7 Misc 2d 732, 732-734 [Recorder's Ct, Albany City 1957]) (dismissing charge against motorist because rule premising offense had not been filed with the Secretar......
  • Request a trial to view additional results

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