Legal Opinion
Boreali v. Axelrod
New York Court of Appeals
Decided November 25, 1987PublishedCited by 218 opinions
1Opinion of the Court
*6OPINION OF THE COURT
Titone, J.
We hold that the Public Health Council overstepped the boundaries of its lawfully delegated authority when it promulgated a comprehensive code to govern tobacco smoking in areas that are open to the public. While the Legislature has given the Council broad authority to promulgate regulations on matters concerning the public health, the scope of the Council’s authority under its enabling statute must be deemed limited by its role as an administrative, rather than a legislative, body. In this instance, the Council usurped the latter role and thereby exceeded its…
2Cases cited39 opinions
- Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
- A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
- Panama Refining Co. v. RyanSupreme Court of the United States · 1935
- Field v. ClarkSupreme Court of the United States · 1892
- Kent v. DullesSupreme Court of the United States · 1958
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3Cited by218 opinions
- Rodriguez v. City of N.Y.Court for the Trial of Impeachments and Correction of Errors · 2018
- Doe v. AxelrodNew York Court of Appeals · 1988
- Medical Society v. SerioNew York Court of Appeals · 2003
- Sutka v. ConnersNew York Court of Appeals · 1989
- Steven Statharos, Theodore Statharos, Dorothy Statharos v. New York City Taxi and Limousine CommissionCourt of Appeals for the Second Circuit · 1999
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