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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

45 Cited authorities

  1. Doe v. Axelrod

    73 N.Y.2d 748 (N.Y. 1988)   Cited 629 times
    Concluding that a preliminary injunction was improper where plaintiff failed to satisfy the first prong of the test

  2. 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.

  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. 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"

  5. 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”

  6. 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”

  7. GE CAPITAL v. TAX APPEALS DIV

    2 N.Y.3d 249 (N.Y. 2004)   Cited 86 times
    Observing that because “[t]hird-party finance companies do not carry the burden of collecting sales taxes as a trustee of the State,” it was not arbitrary or capricious for Tax Commission to preclude third parties from pursuing refund claims pertaining to uncollectible debts

  8. Consolation Nursing Home, Inc. v. Commissioner of New York State Department of Health

    85 N.Y.2d 326 (N.Y. 1995)   Cited 107 times
    In Matter of Consolation Nursing Home v. Commissioner of N.Y. State Dept. of Health (85 N.Y.2d 326, 332), the Court of Appeals stated that "Although documented studies often provide support for an agency's rule making, such studies are not the sine qua non of a rational determination * * * 'the commissioner, of course, is not confined to factual data alone but also may apply broader judgmental considerations based upon the expertise and experience of the agency he heads' (see, Matter of Catholic Med. Ctr. v. Department of Health, 48 N.Y.2d 967, 968-969)."

  9. Patrolmen's Benevolent Ass'n of City of New York, Inc. v. New York State Public Employment Relations Board

    2006 N.Y. Slip Op. 2288 (N.Y. 2006)   Cited 62 times
    Noting that "the application of the Taylor Law to particular facts [is] an area in which PERB is entitled to deference"

  10. 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”

  11. Section 37 - Provisions for adoption of city charter amendments or new city charters initiated by petition

    N.Y. Mun. Home Rule Law § 37   Cited 35 times

    1. A local law amending a city charter (however extensively) or providing a new city charter, also may be adopted in accordance with the provisions of this section. 2. Qualified electors of a city, in number equal to at least ten per centum of the total number of valid votes cast for governor in such city at the last gubernatorial election, or to thirty thousand, whichever is less, may file in the office of the city clerk a petition for the submission to the electors of the city of such a proposed

  12. 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 . . .

  13. 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