17 Cited authorities

  1. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 213 times   3 Legal Analyses
    In Boreali v. Axelrod, 71 N.Y.2d 1 (1987), the high court invalidated antismoking regulations promulgated by the Public Health Council ("PHC") on the ground that the detailed regulatory scheme exceeded the PHC's statutory authority over matters affecting the public health.
  2. Jancyn Mfg. v. Suffolk County

    71 N.Y.2d 91 (N.Y. 1987)   Cited 131 times
    Holding that State law did not preempt a county ordinance prohibiting sale of sewage system cleaning additives where there was no express conflict with State Environmental Control Law
  3. Matter of Nicholas v. Kahn

    47 N.Y.2d 24 (N.Y. 1979)   Cited 116 times
    In Nicholas the Public Service Commission adopted rules prohibiting various employees, and their children and spouses, from owning any interest in certain business concerns whose performance was related to companies regulated by the Commission.
  4. Rent Assn. v. Higgins

    83 N.Y.2d 156 (N.Y. 1993)   Cited 75 times
    Distinguishing Boreali in rejecting the defendant's argument that the New York City Division of Housing and Community Renewal “overstepped its mandate and invaded the province of the legislature, in violation of the constitutional separation of powers” in enacting regulations providing protections from eviction to family members of rent stabilized housing tenants
  5. Citizens for Energy v. Cuomo

    78 N.Y.2d 398 (N.Y. 1991)   Cited 66 times

    Argued September 11, 1991 Decided October 22, 1991 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Lawrence E. Kahn, J. J. Scott Greer and Lou Lewis for appellants in proceeding No. 1. Martin S. Kaufman, Douglas Foster and Malcolm Wilson for appellants in proceeding No. 2. Lou Lewis, Michael J. Englert and Kenneth F. Peshkin for appellants in proceeding No. 3. Jacob M. Lewis, Stephen A. Wakefield, Marc Johnston, Percy H. Russell, Jr., Stuart M. Gerson, Frederick

  6. Consolidated Edison Co. of New York, Inc. v. Department of Environmental Conservation

    71 N.Y.2d 186 (N.Y. 1988)   Cited 66 times
    In Matter of Consolidated Edison Co. v Department of Envtl. Conservation (71 N.Y.2d 186, 192), the Court of Appeals found that in areas of regulation requiring technical expertise, regulations within the "traditional agency role of applying technical expertise to implement legislative goals" should be upheld.
  7. NYC C.L.A.S.H., Inc. v. New York State Office of Parks

    2016 N.Y. Slip Op. 2479 (N.Y. 2016)   Cited 20 times

    No. 46 03-31-2016 In the Matter of NYC C.L.A.S.H., INC., Appellant, v. NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION et al., Respondents. Joshpe Law Group LLP, New York City (Edward A. Paltzik of counsel), and Law Offices of Yan Margolin, New York City (Yan Margolin of counsel), for appellant. Eric T. Schneiderman, Attorney General, Albany (Victor Paladino, Barbara D. Underwood and Andrea Oser of counsel), for respondents. FAHEY, J. Joshpe Law Group LLP, New York City (Edward

  8. N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. N.Y.C. Dep't of Health & Mental Hygiene

    2014 N.Y. Slip Op. 4804 (N.Y. 2014)   Cited 21 times

    No. 134 06-26-2014 In the Matter of NEW YORK STATEWIDE COALITION OF HISPANIC CHAMBERS OF COMMERCE, et al., Respondents, v. The NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, et al., Appellants. Michael A. Cardozo, Corporation Counsel, New York City (Richard Dearing, Fay Ng, Leonard J. Koerner, Pamela Seider Dolgow, Mark Muschenheim, Jasmine M. Georges, Spencer Fisher, Zachary W. Carter and Trevor D. Lippman of counsel), for appellants. Latham & Watkins LLP (Richard P. Bress, of the District

  9. Paynter v. State of New York

    100 N.Y.2d 434 (N.Y. 2003)   Cited 23 times
    In Paynter, the Court of Appeals ruled that plaintiffs, who alleged that state policies and practices had resulted in high concentrations of racial minorities and poverty in the Rochester City School District, thereby leading to abysmal student performance, failed to state a claim under Article XI. See 100 N.Y.2d at 438, 765 N.Y.S.2d at 821-22, 797 N.E.2d 1225. The Court reasoned that holding the state liable for the demographic composition of a school district risked subverting the important and long-established role that local communities play in public education.
  10. Vatore v. Consumer Affairs

    634 N.E.2d 958 (N.Y. 1994)   Cited 34 times
    Determining that the inference to be drawn from the legislature having given preclusive effect to one section of N.Y. Pub. Health Law art. 13–F was a concomitant intention not to give preclusive effect to any other section of the statute because the presence of an express preemption provision in one part of the statute implies that the legislature intended to omit preemption from the other sections
  11. s 66-1.3 - Requirements for school admission

    N.Y. Comp. Codes R. & Regs. tit. 10 § 66-1.3   Cited 2 times

    A principal or person in charge of a school shall not admit a child to school unless a person in parental relation to the child has furnished the school with one of the following: (a) A certificate of immunization, as described in section 66-1.6 of this Subpart, from a health care practitioner or from NYSIIS or the CIR, documenting that the child has been fully immunized according to the requirements of section 66-1.1(f) of this Subpart. (b) Documentation that the child is in process of receiving

  12. s 66-1.5 - Immunization records from previous schools

    N.Y. Comp. Codes R. & Regs. tit. 10 § 66-1.5

    An immunization record forwarded from the child's previous school, which contains all of the information specified in subdivision (a) of section 66-1.3 of this Subpart, may be accepted by the principal or person in charge of the school in lieu of a certificate of immunization. 10 CRR-NY 66-1.5 Current through July 31, 2018

  13. s 66-1.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 10 § 66-1.1

    As used in this Subpart, unless the context otherwise requires: (a) School means and includes a public, private or parochial child-caring center, day-care agency providing day care of children as defined in this section, nursery school as defined in this section, kindergarten, and any elementary, intermediate or secondary class or school building. (b) Child means and includes any person between the ages of two months and 18 years. (c) Day care of children means: (1) outside the City of New York,