§Why CasetextPricing

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

57 Cited authorities

  1. Free Enterprise Fund v. Public Company

    561 U.S. 477 (2010)   Cited 537 times   87 Legal Analyses
    Holding unconstitutional tenure provisions protecting executive officer, but concluding "the existence of the Board does not violate the separation of powers"

  2. Leader v. Maroney

    97 N.Y.2d 95 (N.Y. 2001)   Cited 772 times   2 Legal Analyses
    Holding that courts have discretion to decide whether to extend time to serve for good cause shown or in the interest of justice

  3. Rubin v. Coors Brewing Co.

    514 U.S. 476 (1995)   Cited 257 times   4 Legal Analyses
    Holding that a ban on including alcohol content on a beer label violated the First Amendment

  4. 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"

  5. Association of Counties v. Axelrod

    78 N.Y.2d 158 (N.Y. 1991)   Cited 195 times

    Argued April 30, 1991 Decided June 27, 1991 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Paul Cheeseman, J. Peter G. Bergmann, Kathy Hirata Chin and William J. Natbony for appellant. Robert Abrams, Attorney-General (Clifford A. Royael, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents. Cornelius D. Murray and David M. Cherubin for New York State Health Facilities Association, Inc., amicus curiae. Susan C. Waltman for the Greater New York

  6. 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”

  7. New York State Law Enforcement Employees

    64 N.Y.2d 233 (N.Y. 1984)   Cited 179 times
    Discussing separation of powers of government of State of New York

  8. Statharos v. New York City Taxi Limo. Com'n

    198 F.3d 317 (2d Cir. 1999)   Cited 103 times   1 Legal Analyses
    Rejecting the plaintiffs' argument that agency-imposed financial disclosure requirements were unconstitutional and noting that in Boreali “the court rested its holding on several ‘coalescing circumstances' not present in this case”

  9. 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”

  10. 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"

  11. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,270 times   80 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355

  12. Section 501 - Exemption from tax on corporations, certain trusts, etc

    26 U.S.C. § 501   Cited 3,220 times   289 Legal Analyses
    Granting tax-exempt status to qualified pension plans

  13. Section 10 - General powers of local governments to adopt and amend local laws

    N.Y. Mun. Home Rule Law § 10   Cited 823 times
    Enumerating powers and limits of local government

  14. Section 30 - Creation of vacancies

    N.Y. Pub. Off. Law § 30   Cited 228 times
    In Public Officers Law § 30, the State Legislature has specified the grounds by which a vacancy is created in a public office, including the office of Election Commissioner, and the enumerated grounds do not include violations of a local ethics law in respect to dual office-holding.

  15. Section 2 - Definitions

    N.Y. Mun. Home Rule Law § 2   Cited 174 times
    Deleting City of Ogdensburg Charter § C–80

  16. Section 347 - County or part-county boards of health; powers and duties; rules and regulations

    N.Y. Pub. Health Law § 347   Cited 19 times

    1. Upon the establishment of a board of health for a county or part-county health district as provided in this article, it shall exercise all the powers and perform all duties of local boards of health as provided in this chapter, and such board of health may formulate, promulgate, adopt and publish rules, regulations, orders and directions for the security of life and health in the health district which shall not be inconsistent with the provisions of this chapter and the sanitary code. Such rules

  17. Section 78 - State bird

    N.Y. State Law § 78   Cited 15 times

    The bluebird (Sialia Sialis) shall be the official bird of the state of New York. N.Y. State § 78

  18. Section 77 - State gem

    N.Y. State Law § 77   Cited 2 times

    The garnet shall be the official gem of the state of New York. N.Y. State § 77

  19. Section 76 - State tree

    N.Y. State Law § 76

    The sugar maple (Acer Saccharum M.) shall be the official tree of the state. N.Y. State § 76

  20. Section 79 - State animal

    N.Y. State Law § 79

    The American beaver (Castor canadensis) shall be the official animal of the state of New York. N.Y. State § 79

  21. Section 184.1854 - Sucrose

    21 C.F.R. § 184.1854   Cited 7 times   3 Legal Analyses

    (a) Sucrose (C12H22O11, CAS Reg. No. 57-50-11-1) sugar, cane sugar, or beet sugar is the chemical [BETA]-D-fructofuranosyl-[ALPHA]-D-glucopyranoside. Sucrose is obtained by crystallization from sugar cane or sugar beet juice that has been extracted by pressing or diffusion, then clarified and evaporated. (b) The ingredient must be of a purity suitable for its intended use. (c) In accordance with § 184.1(b)(1) , the ingredient is used in food with no limitation other than current good manufacturing

  22. Section 184.1866 - High fructose corn syrup

    21 C.F.R. § 184.1866   Cited 3 times   1 Legal Analyses

    (a) High fructose corn syrup, a sweet, nutritive saccharide mixture containing either approximately 42 or 55 percent fructose, is prepared as a clear aqueous solution from high dextrose-equivalent corn starch hydrolysate by partial enzymatic conversion of glucose (dextrose) to fructose using an insoluble glucose isomerase enzyme preparation described in § 184.1372 . The product containing more than 50 percent fructose (dry weight) is prepared through concentration of the fructose portion of the mixture

  23. Section 184.1 - Substances added directly to human food affirmed as generally recognized as safe (GRAS)

    21 C.F.R. § 184.1   Cited 2 times

    (a) The direct human food ingredients listed in this part have been reviewed by the Food and Drug Administration and affirmed to be generally recognized as safe (GRAS) for the purposes and under the conditions prescribed. The regulations in this part shall sufficiently describe each ingredient to identify the characteristics of the ingredient that has been affirmed as GRAS and to differentiate it from other possible versions of the ingredient that have not been affirmed as GRAS. Ingredients affirmed

  24. Section 252.1 - Food ingredients

    N.Y. Comp. Codes R. & Regs. tit. 1 § 252.1

    (a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulations as they appear in title 21 of the Code of Federal Regulations (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402), in the area of food ingredients: (1) Part 181 of title 21 of the Code of Federal