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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

17 Cited authorities

  1. Matter of Medical Society of the State v. Serio

    100 N.Y.2d 854 (N.Y. 2003)   Cited 249 times
    Holding that a provision in New York Insurance Law providing that “[t]he superintendent shall have the power to prescribe and from time to time withdraw or amend, in writing, regulations, not inconsistent with the provisions of [the Insurance Law] ... does not cede to the executive branch fundamental legislative or policymaking authority, which remains at all times with the Legislature”

  2. New York City Bd. of Estimate v. Morris

    489 U.S. 688 (1989)   Cited 112 times
    Holding New York City borough presidents' automatic board vote unconstitutional

  3. 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"

  4. Matter of Levine v. Whalen

    39 N.Y.2d 510 (N.Y. 1976)   Cited 146 times
    Holding that the standard provided in a public health law, “ ‘to provide for the protection and promotion of the health of the inhabitants of the state,’ is not so vague and indefinite as to set no standard or to outline no policy”

  5. Under 21 v. City of N.Y

    65 N.Y.2d 344 (N.Y. 1985)   Cited 112 times
    Holding that New York's Equal Protection Clause “is no broader in coverage than the Federal Provision”

  6. 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"

  7. Health Facilities v. Axelrod

    77 N.Y.2d 340 (N.Y. 1991)   Cited 48 times

    Argued November 14, 1990 Decided February 19, 1991 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Harold J. Hughes, J. Robert Abrams, Attorney-General (Daniel Smirlock, O. Peter Sherwood and Peter H. Schiff of counsel), for appellants. Cornelius D. Murray, David M. Cherubin and Bernard Schwartz for respondent. HANCOCK, JR., J. In 1988, the Public Health Council, pursuant to the State Administrative Procedure Act, adopted a set of regulations (Medicaid Patient

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

    110 A.D.3d 1 (N.Y. App. Div. 2013)   Cited 16 times

    2013-07-30 In re NEW YORK STATEWIDE COALITION OF HISPANIC CHAMBERS OF COMMERCE, et al., Petitioners–Respondents, v. The NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, et al., Respondents–Appellants. The National Alliance for Hispanic Health, The National Congress of Black Women, Inc., The New York Chapter of the National Association of Hispanic Nurses, Maya Rockeymoore, Ph.D., Montefiore Medical Center, The Mount Sinai Medical Center, The New York State American Academy of Pediatrics, District

  9. Matter of Campagna v. Shaffer

    73 N.Y.2d 237 (N.Y. 1989)   Cited 44 times

    Argued January 5, 1989 Decided February 16, 1989 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Jack Turret, J. Michael T. Wallender, John T. DeGraff, Jr., and Brian J. McCann for appellant. Robert Abrams, Attorney-General (Kathie Ann Whipple, O. Peter Sherwood, Richard G. Liskov and Ellen J. Fried of counsel), for respondent. BELLACOSA, J. Petitioner, a licensed real estate broker, challenges an order of the respondent Secretary of State, dated September

  10. Subcontractors Trade v. Koch

    62 N.Y.2d 422 (N.Y. 1984)   Cited 50 times
    In Subcontractors Trade Assn. v Koch (62 N.Y.2d 422, supra) an executive order issued by the Mayor mandating that 10% of all construction contracts be given to "locally based enterprises" was struck down on the ground that no legislative base existed therefor and, absent such base, the executive order constituted an unconstitutional usurpation of legislative power.

  11. Section 36 - Provisions for adoption of new or revised city charter proposed by a charter commission

    N.Y. Mun. Home Rule Law § 36   Cited 25 times

    1. A local law providing a new or revised city charter also may be adopted in any city pursuant to the provisions of this section. 2. The legislative body may adopt a local law providing for (a) the establishment of a commission to draft a new or revised city charter, or (b) the submission to the electors of such city at a general or special election of the question: "Shall there be a commission to draft a new or revised city charter as proposed by local law number . . . . . . for the year . . .