Legal Opinion
NYC C.L.A.S.H., Inc. v. New York State Office of Parks
New York Court of Appeals
Decided March 31, 2016PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
Fahey, J.
Broadly stated, this appeal presents the question whether one may smoke in any outdoor area of a location under the jurisdiction of respondent-defendant New York State Office of Parks, Recreation and Historic Preservation (OPRHP). It is arguable that allowing a smoking ban in such areas is to support governmental interference in the public’s private affairs, as well as to approve of the restraint of personal autonomy and the right to make the “wrong” choice.1 To state the principal question on this appeal so broadly, however, is to state it incorrectly. The…
2Cases cited13 opinions
- Boreali v. AxelrodNew York Court of Appeals · 1987
- Levine v. WhalenNew York Court of Appeals · 1976
- Clark v. CuomoNew York Court of Appeals · 1985
- Rent Stabilization Ass'n of New York City, Inc. v. HigginsNew York Court of Appeals · 1993
- MATTER OF MARON v. SilverNew York Court of Appeals · 2010
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Garcia v. New York City Dept. of Health & Mental HygieneNew York Court of Appeals · 2018
- Matter of LeadingAge N.Y., Inc. v. ShahNew York Court of Appeals · 2018
- Matter of Leadingage N.Y., Inc. v. ShahAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Vapor Tech. Assn. v. CuomoAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Argudo v. New York State Dept. of Motor Vehs.Appellate Division of the Supreme Court of the State of New York · 2017
25 more not listed; retrieve them via the Exa API.