17 Cited authorities

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

    489 U.S. 688 (1989)   Cited 108 times
    Holding New York City borough presidents' automatic board vote unconstitutional
  2. Matter of Medical Society of the State v. Serio

    100 N.Y.2d 854 (N.Y. 2003)   Cited 213 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”
  3. 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.
  4. Under 21 v. City of N.Y

    65 N.Y.2d 344 (N.Y. 1985)   Cited 110 times
    Holding that New York's Equal Protection Clause “is no broader in coverage than the Federal Provision”
  5. Matter of Levine v. Whalen

    39 N.Y.2d 510 (N.Y. 1976)   Cited 139 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”
  6. 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
  7. Health Facilities v. Axelrod

    569 N.E.2d 860 (N.Y. 1991)   Cited 46 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 15 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

    536 N.E.2d 368 (N.Y. 1989)   Cited 43 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

    465 N.E.2d 840 (N.Y. 1984)   Cited 48 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 24 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 . . .