WERB v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, 46 N.Y.2d 911 (1979)

414 N.Y.S.2d 903, 387 N.E.2d 1218

LEWIS WERB et al., Appellants, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Respondent.

Court of Appeals of the State of New York.Argued January 10, 1979
Decided February 15, 1979

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN A. GARBARINO, J.

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Lewis Werb, pro se, and John F. Hamm for Lewis Werb and another, appellants.

Arthur P. Berg, Patrick J. Falvey, Joseph Lesser and Sholem Friedman for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Appellant concedes, as well he must, that the Board of Commissioners of the Port Authority itself was possessed of the power to limit the sale of the two-year discount ticket books to one to a customer (cf. Levine v Long Is. R.R. Co., 30 N.Y.2d 907, affg 38 A.D.2d 936, cert den 409 U.S. 1040). Moreover, in the absence of any direction from the commissioners to the contrary, and there was none here, it is extremely doubtful, to say the least, that explicit permission to apply such a limitation was required before the authority’s executive director, its chief operational officer, could put one into effect to prevent customer stockpiling of books. In any event, any possible question on that score was rendered academic by the commissioners’ duly adopted resolution authorizing the director “to arrange for the sale of the books of tickets * * * upon such terms and conditions as shall be reasonable and desirable”. That mandate, broad enough to encompass the director’s act here, was a reasonable and lawful delegation of authority.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.

Order affirmed.

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