Legal Opinion · Dissent
Boreali v. Axelrod
Appellate Division of the Supreme Court of the State of New York
Decided July 23, 1987Published
1Dissent
Levine, J. (dissenting).
The statutory delegation of rule-making authority to defendant Public Health Council (PHC) is made in the broadest terms, "to establish, and from time to time, amend * * * sanitary regulations, to be known as the sanitary code of the state of New York”, which may "deal with any matters affecting the security of life or health or the preservation and improvement of public health in the state of New York” (Public Health Law §225 [4], [5] [a]). Neither plaintiffs nor the amici who have filed briefs in support of affirmance have challenged the validity of the procedures…
2Cases cited22 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Yakus v. United StatesSupreme Court of the United States · 1944
- Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
- Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
- Consolidated Edison Co. of New York v. Public Service CommissionSupreme Court of the United States · 1980
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