Boreali v. Axelrod
New York Court of Appeals
517 N.E.2d 1350 (N.Y. 1987)
An administrative agency’s constitutional limits are exceeded if it uses its enabling statute as a basis to draft a code that reflects its own assessment of what public policy should be.
Relevant Facts
New York’s state legislature enacted a bill limiting smoking in certain designated areas in response to growing concerns about the harmful effects of smoking. Previously, the legislature attempted, and failed, to adopt more expansive restrictions on smoking on multiple occasions. The state public health council (the defendant), purportedly acting pursuant to the authority granted by its enabling statute, decided to issue his own regulations that prohibited smoking in a wide variety of areas. Several parties (the plaintiffs) that were affected by the regulation brought suit. The trial court declared the regulations invalid and the appeals court affirmed. The case was then brought to the state’s highest court.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 3, 2020
Judicial Opinion
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Procedural History
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Citations
517 N.E.2d 1350 (N.Y. 1987)