Legal Opinion
Board of Education of Middle Country School District v. Cohalan
New York Supreme Court
Decided April 9, 1987Published
1Opinion of the Court
OPINION OF THE COURT
Joseph Goldstein, J.
In this action for a judgment declaring the County of Suffolk’s enactment of Local Law No. 12-84 unconstitutional and beyond the authority of the county, plaintiff moves and defendants cross-move for summary judgment.
The enactment at issue affects the rights of smokers and nonsmokers who find themselves together at a particular *359location, i.e., a public school building, which is being used as a meeting place.
Recent social and medical history has raised the spectre of smoking, and the secondary and tertiary inhalation of tobacco smoke, as a possible…
2Cases cited5 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- People v. De JesusNew York Court of Appeals · 1981
- Robin v. Incorporated Village of HempsteadNew York Court of Appeals · 1972
- Reuss v. KatzNew York Supreme Court · 1964
- Bd. of Educ. of Union Free Sch. Dist. No. 4 of the Town of Greece v. Bd. of Educ. of the City of RochesterAppellate Division of the Supreme Court of the State of New York · 1965