Fay's Inc. v. New York State Department of Health

OPINION OF THE COURT

Anthony J. Carpinello, J.

Petitioner Fay’s Incorporated (Fay’s) challenges the proce*945dure used by the respondent New York State Department of Health (Department) to find that a clerk at a Fay’s store in Williamson, New York, had sold cigarettes to a minor in violation of the Adolescent Tobacco-Use Prevention Act (Public Health Law art 13-F [the Act]). Petitioner claims that the Department’s Geneva District Office has improperly delegated its enforcement obligations to a private organization, the Tobacco Action Coalition of the Finger Lakes (Coalition). Further, petitioner…