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Magdalena Garcia,, et al., Respondents,v.New York City Department of Health and Mental Hygiene, et al., Appellants.

Brief

17 Cited authorities

  1. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 243 times   3 Legal Analyses
    Finding proper balance between health concerns and cost "is a uniquely legislative function"

  2. Jancyn Mfg. v. Suffolk County

    71 N.Y.2d 91 (N.Y. 1987)   Cited 140 times   1 Legal Analyses
    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. Rent Assn. v. Higgins

    83 N.Y.2d 156 (N.Y. 1993)   Cited 85 times
    Finding no physical taking where "the challenged regulations may require the owner-lessor to accept a new occupant but not a new use of its rent-regulated property"

  4. Matter of Nicholas v. Kahn

    47 N.Y.2d 24 (N.Y. 1979)   Cited 122 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.

  5. NYC C.L.A.S.H., Inc. v. New York State Office of Parks

    2016 N.Y. Slip Op. 2479 (N.Y. 2016)   Cited 34 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

  6. Citizens for Energy v. Cuomo

    78 N.Y.2d 398 (N.Y. 1991)   Cited 69 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

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

    71 N.Y.2d 186 (N.Y. 1988)   Cited 68 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.

  8. Town of Concord v. Duwe

    4 N.Y.3d 870 (N.Y. 2005)   Cited 25 times
    In Town of Concord v. Duwe (4 NY3d at 874), the Court of Appeals noted that the Town was not preempted from prohibiting the purchase of unused tree bark and storing of same on defendant's property for an extended period of time with the intent to resell it as mulch.

  9. 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 14 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

  10. Paynter v. State of New York

    100 N.Y.2d 434 (N.Y. 2003)   Cited 26 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.

  11. Section 66-1.3 - Requirements for school admission

    N.Y. Comp. Codes R. & Regs. tit. 10 § 66-1.3   Cited 8 times
    Requiring submission of " signed, completed medical exemption form approved by the NYSDOH or NYC Department of Education from a physician licensed to practice medicine in New York State certifying that immunization may be detrimental to the child's health, containing sufficient information to identify a medical contraindication to a specific immunization and specifying the length of time the immunization is medically contraindicated"

  12. Section 66-1.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 10 § 66-1.1   Cited 6 times
    Providing that "Child," for purposes of the State's school immunization requirements, "means and includes any person between the ages of two months and 18 years"

  13. Section 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. N.Y. Comp. Codes R. & Regs. Tit. 10 § 66-1.5 Amended, New York State Register February 19, 2014/Volume XXXVI, Issue 7, eff. 7/1/2014 Amended New York State Register August 26, 2015/Volume XXXVII, Issue 34, eff.9/1/2015