From Casetext: Smarter Legal Research

Matter of Holtzman v. Oliensis

Appellate Division of the Supreme Court of New York, First Department
Jun 12, 1997
240 A.D.2d 254 (N.Y. App. Div. 1997)

Opinion

June 12, 1997

Appeal from the Supreme Court, New York County [Carol Arber, J.].


We find that the Federal Election Campaign Act, 2 U.S.C. § 453, which provides that the provisions of that Act and the rules prescribed thereunder supersede and preempt State law with respect to election to Federal office, do not preempt application of New York City's conflict of interest provisions (NY City Charter ch 68) to the violations alleged herein ( cf., Stern v General Elec. Co., 924 F.2d 472, 475; Reeder v. Kansas City Bd. of Police Commrs., 733 F.2d 543, 545-546). We also conclude that respondents' findings of fact are supported by substantial evidence and their interpretation of the relevant statutes and regulations, which are entitled to deference ( see, Matter of Salvati v Eimicke, 72 N.Y.2d 784, 791), are not affected by errors of law.

Concur — Sullivan, J.P., Rosenberger, Wallach, Rubin and Andrias, JJ.


Summaries of

Matter of Holtzman v. Oliensis

Appellate Division of the Supreme Court of New York, First Department
Jun 12, 1997
240 A.D.2d 254 (N.Y. App. Div. 1997)
Case details for

Matter of Holtzman v. Oliensis

Case Details

Full title:In the Matter of ELIZABETH HOLTZMAN, Petitioner, v. SHELDON OLIENSIS et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 12, 1997

Citations

240 A.D.2d 254 (N.Y. App. Div. 1997)
659 N.Y.S.2d 732