New York Court of Appeals

Fred Boreali v. David M. Axelrod, as Commissioner of the New York State Department of Health

November 25, 198771 N.Y.2d 1

Summary

The New York Court of Appeals affirmed the lower courts, holding that the Public Health Council exceeded its statutory authority and violated the separation of powers doctrine by promulgating a comprehensive indoor smoking ban, rendering the regulations invalid. Justice Bellacosa dissented, arguing that the Council’s actions were within its delegated authority and should be upheld.