Legal Opinion
Fagan v. Axelrod
New York Supreme Court
Decided January 10, 1990PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph Harris, J.
This case might well be denominated Boreali Revisited. In Boreali v Axelrod (71 NY2d 1 [1987]), the Court of Appeals ruled that the Public Health Council, an administrative agency adjunct to the Commissioner of Health, had overstepped the boundaries of its lawfully delegated authority (Public Health Law § 225 [5] [a]), when, with the approval of the Commissioner of Health, it promulgated a comprehensive code to govern tobacco smoking in indoor areas open to the public (10 NYCRR part 25). The regulations sought to strike a proper balance among health…
2Cases cited37 opinions
- Eisenstadt v. BairdSupreme Court of the United States · 1972
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- Frontiero v. RichardsonSupreme Court of the United States · 1973
- United States v. Carolene Products Co.Supreme Court of the United States · 1938
- New York State Club Assn., Inc. v. City of New YorkSupreme Court of the United States · 1988
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3Cited by17 opinions
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- NYC C.L.A.S.H., Inc. v. City of New YorkDistrict Court, S.D. New York · 2004
- Ex Parte Woodall, Texas Court of Appeals, 8th District (El Paso)2005
- The Players, Inc. v. City of New YorkDistrict Court, S.D. New York · 2005
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