Fred Boreali Et Al. v. David M. Axelrod Book Reviews

Fred Boreali Et Al. v. David M. Axelrod by Court of Appeals of New York Book Summary

[71 N.Y.2d 1 Page 6] Opinion OF THE COURT 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 legislative mandate, when, following
the Legislature's inability to reach an acceptable balance, the Council weighed the concerns of nonsmokers, smokers, affected
businesses and the general public and, without any legislative guidance, reached its own conclusions about the proper accommodation
among those competing interests. In view of the political, social and economic, rather than technical, focus of the resulting
regulatory scheme, we conclude that the Council's actions were ultra vires and that the order and judgment of the courts below,
which declared the Council's regulations invalid, should be affirmed.

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