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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Brusco v. Braun, 199 A.D.2d 27 (1993)

Citation
Brusco v. Braun, 199 A.D.2d 27 (1993)
Parent Document
Brusco v. Braun, 199 A.D.2d 27 (1993)
Jurisdiction
New York (state)
Effective Date
1993-12-07

Full Text

568 chars
It is a maxim of statutory construction that the intent of the Legislature is the primary consideration (McKinney’s Cons Laws of NY, Book 1, Statutes § 92). In construing language of command as less than peremptory, it is said that "the power of courts to disregard the provisions of a statute as directory [viz. precatory] only should be exercised with great caution. Especially is this true * * * where officers are commanded to do an act which concerns public interests or the rights of individuals” (McKinney’s Cons Laws of NY, Book 1, Statutes § 177 [c], at 350).