Boreali v. Axelrod
New York Court of Appeals
517 N.E.2d 1350 (1987)
- Written by Eric Cervone, LLM
Facts
To address growing concerns about the harmful effects of smoking, New York’s state legislature enacted a bill limiting smoking in certain designated areas. On multiple occasions, the legislature attempted, and failed, to adopt more expansive restrictions on smoking. The state public health council (defendant), purportedly acting pursuant to the authority granted by its enabling statute, decided to issue its own regulations. The council’s regulations prohibited smoking in a wide variety of areas. Several parties (plaintiffs) affected by the council’s regulations brought suit. The trial and appeals courts both declared the council’s regulations invalid. The case was then brought before the state’s highest court.
Rule of Law
Issue
Holding and Reasoning (Titone, J.)
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