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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.

Brief

39 Cited authorities

  1. Trustees of Columbia Univ. v. Karibian

    512 U.S. 1213 (1994)   Cited 126 times

    No. 93-1674. June 13, 1994. ORDERS C.A. 2d Cir. Motions of Chamber of Commerce of the United States of America, Commission on Independent Colleges and Universities, and Equal Employment Advisory Council et al. for leave to file briefs as amici curiae granted. Certiorari denied. Reported below: 14 F. 3d 773.

  2. 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"

  3. Perez v. City of N.Y

    41 A.D.3d 378 (N.Y. App. Div. 2007)   Cited 136 times
    Holding that "the City and the [BOE] remain separate legal entities"

  4. N.Y. St. Rest. v. N.Y. City Bd.

    556 F.3d 114 (2d Cir. 2009)   Cited 94 times   3 Legal Analyses
    Holding required “disclosure of calorie information in connection with a proposed commercial transaction—the sale of a restaurant meal”—is “clearly commercial speech” notwithstanding state restaurant association's claim that the disclosure required restaurants “to cram calorie information down the throats of their customers”

  5. 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"

  6. Bourquin v. Cuomo

    85 N.Y.2d 781 (N.Y. 1995)   Cited 79 times
    Holding that inferences should not be drawn from legislative inaction

  7. 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.

  8. Clark v. Cuomo

    66 N.Y.2d 185 (N.Y. 1985)   Cited 90 times
    Noting that the executive order required State agencies to make voter registration forms available through their staffs and provide assistance in completing the forms

  9. Knight-Ridder v. Greenberg

    70 N.Y.2d 151 (N.Y. 1987)   Cited 81 times
    In Green (27 Cal 3d at 59-62, 609 P2d at 504-506), the Supreme Court of California addressed a question similar to the one before us. Green is pertinent because the California capital punishment statute does not require that the murder be "in furtherance of" the felony.

  10. 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

  11. Section 23 - Local laws subject to mandatory referendum

    N.Y. Mun. Home Rule Law § 23   Cited 155 times
    Applying only to those laws that "change[] the membership or composition of the legislative body. . . ."

  12. Section 206 - Commissioner; general powers and duties

    N.Y. Pub. Health Law § 206   Cited 54 times

    1. The commissioner shall: (a) take cognizance of the interests of health and life of the people of the state, and of all matters pertaining thereto and exercise the functions, powers and duties of the department prescribed by law; (b) exercise general supervision over the work of all local boards of health and health officers, unless otherwise provided by law; (c) exercise general supervision and control of the medical treatment of patients in the state institutions, public health centers and clinics

  13. Section 228 - Sanitary code; application

    N.Y. Pub. Health Law § 228   Cited 13 times

    1. The provisions of the sanitary code, unless otherwise stated by the public health and health planning council, shall apply to and be effective in all portions of the state and shall supersede all local ordinances heretofore or hereafter enacted inconsistent therewith. 2. Each county, city, town or village, in the manner hereinafter prescribed, may enact sanitary regulations not inconsistent with the sanitary code established by the public health and health planning council. 3. Local laws, ordinances

  14. Section 50 - Legislative intent

    N.Y. Mun. Home Rule Law § 50   Cited 13 times

    1. It is the intention of the legislature by this chapter to provide for carrying into effect provisions of article nine of the constitution and the statute of local governments and to enable local governments to adopt and amend local laws for the purpose of fully and completely exercising the powers granted to them under the terms and spirit of such article. 2. There is hereby reserved to the board of supervisors of every county not wholly included in a city, the board of aldermen, common council

  15. Section 312 - City of New York; exceptions and limitations

    N.Y. Pub. Health Law § 312   Cited 5 times

    Unless otherwise expressly provided, the provisions of this article except section three hundred ten of this chapter shall not apply to the city of New York. N.Y. Pub. Health Law § 312

  16. Section 56 - Existing charters and other laws continued

    N.Y. Mun. Home Rule Law § 56   Cited 5 times

    1. All existing valid provisions of laws, charters and local laws not specifically repealed by this chapter shall continue in force until lawfully repealed, amended, modified or superseded. 2. A reference in any law, ordinance, resolution, rule, regulation or document to any provision of the city home rule law, village home rule law, article six or article six-a of the county law, or sections fifty-one-a through fifty-one-f of the town law, repealed by this chapter, in force at the time this chapter

  17. Section 14-1.190 - Permits, application, fees, issuance, inspection

    N.Y. Comp. Codes R. & Regs. tit. 10 § 14-1.190   Cited 1 times

    (a) A valid permit issued by the permit-issuing official having jurisdiction is required for lawful operation of a food service establishment. This permit is to be prominently displayed at each food service establishment where it can be seen by the consumer. At establishments that serve retail frozen desserts, the $25 permit fee imposed by Public Health Law, section 225(5)(s) shall be paid at the time any other permit fees related to the operation of the food service establishment are collected by