Legal Opinion
New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Department of Health & Mental Hygiene
New York Court of Appeals
Decided June 26, 2014PublishedCited by 33 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
We hold that the New York City Board of Health, in adopting the “Sugary Drinks Portion Cap Rule,” exceeded the scope of its regulatory authority. By choosing among competing policy goals, without any legislative delegation or guidance, the Board engaged in law-making and thus infringed upon the legislative jurisdiction of the City Council of New York.
L
The New York City Board of Health is part of the City’s Department of Health and Mental Hygiene and consists of the Commissioner of that Department, the Chairperson of the Department’s Mental Hygiene Advisory Board,…
2Cases cited9 opinions
- Boreali v. AxelrodNew York Court of Appeals · 1987
- Board of Estimate of City of New York v. MorrisSupreme Court of the United States · 1989
- Bourquin v. CuomoNew York Court of Appeals · 1995
- Citizens for an Orderly Energy Policy, Inc. v. CuomoNew York Court of Appeals · 1991
- Subcontractors Trade Ass'n v. KochNew York Court of Appeals · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- The Matter of Kevin B. Acevedo v. New York State Department of Motor Vehicles , The Matter of Michael W. Carney v. New York State Department of Motor Vehicles , The Matter of Caralyn A. Matsen v. New York State Department of Motor VehiclesNew York Court of Appeals · 2017
- Greater New York Taxi Ass'n v. New York City Taxi and Limousine CommissionNew York Court of Appeals · 2015
- NYC C.L.A.S.H., Inc. v. New York State Office of ParksNew York Court of Appeals · 2016
- Garcia v. New York City Dept. of Health & Mental HygieneNew York Court of Appeals · 2018
- Matter of Acevedo v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2015
28 more not listed; retrieve them via the Exa API.