Legal Opinion
Brodsky v. Zagata
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 1996PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Yesawich Jr., J.
In April 1992, respondent Department of Environmental Conservation (hereinafter DEC) promulgated a rule prohibiting the sale of products containing high concentrations (greater *50than 30%, or in some instances 33.33%) of the insect repellent DEBT (N,N-diethyl-m-toluamide) (see, 6 NYCRR former 326.2 [bj [10] [hereinafter the original rule]). DEC’s authority to promulgate such a rule, and the rationality of its decision to do so, were challenged without success (see, Matter of Chemical Specialties Mfrs. Assn. v Jorling, 85 NY2d 382).
Shortly after the Court of…
2Cases cited10 opinions
- Chemical Specialties Manufacturers Ass'n v. JorlingNew York Court of Appeals · 1995
- Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1995
- Malloy v. TrombleyNew York Court of Appeals · 1980
- O'Connor v. G&R Packing Co.New York Court of Appeals · 1981
- New York Ass'n of Homes & Services for Aging, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1996
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3Cited by1 opinion
- Law Enforcement Officers Union v. StateNew York Supreme Court · 1996