In his annual message to the New York Legislature in January, 1939, after recalling that at the 1938 election the people had rejected a proposal that would "freeze into the Constitution a rigid procedure" for "the judicial review of the facts as well as of the law of virtually all decisions of administrative officers and agencies," Governor Lehman announced: "Modification of procedure, if needed, should be undertaken only after careful study of each administrative process on an individual basis. As part of my plan always to improve and perfect the administrative branch of government, intend to appoint a commissioner under the executive law to study the entire problem of administrative rulings." On March 3, 1939, Governor Lehman appointed Robert M. Benjamin as commissioner under section 8 of the Executive Law "to study, examine and investigate the exercise of quasi-judicial functions by any board, commission or department of the State."
Gilbert H. Montague,
COMMISSIONER BENJAMIN'S REPORT ON ADMINISTRATIVE ADJUDICATION IN NEW YORK,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol41/iss4/3