Category: Administrative Law

California Egg Production Laws Survive Lawsuit

–by Caitlin Lomazzo Citations: Mo. ex rel. Koster v. Harris, 2016 U.S. App. LEXIS 20613 (2016); Mo. v. Harris, 2014 U.S. Dist. LEXIS 89716 (2014); Cal Health & Saf Code § 25990; 3 CCR 1350 § 1350(a–d). Abstract: On October 19, 2016,

Posted in Administrative Law, Civil Practice, Constitutional Law, Legal Pulse

Survey: 2015 Administrative Law

Rose Mary Bailly and William P. Davies review the developments in New York Administrative Law during 2014–2015. For judicial developments, the authors review: (A) the due process rights of an incapacitated parolee; (B) the deferential weight of agency interpretation of

Posted in Administrative Law, Survey of New York Law

Governor Cuomo Signs Executive Order Boycotting a Boycott

—by Ryan Lefkowitz N.Y. Exec. Order No. 157 (June 5, 2016), https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_157_new.pdf. Abstract: New York State Governor Cuomo signed an executive order aimed to disallow transactions between New York State agencies and institutions engaged in the political protest of Israel

Posted in Administrative Law, International Law, Legal Pulse

Sodium Wars: New York City’s Effort to Warn

— by Forrest Young ABSTRACT:   In 2015, New York City’s Board of Health announced new regulations requiring chain restaurants to provide warnings about the sodium in their menu options.  In February, a trial judge rejected the National Restaurant Association’s challenge.

Posted in Administrative Law, Health Law, Legal Pulse

Obama’s Executive Action for Gun Control

— by Hannah Lewis   Source: Press Release, Office of the Press Secretary, The White House, Fact Sheet: New Executive Actions to Reduce Gun Violence and Make Our Communities Safer (Jan. 4, 2016).   Abstract: President Barack Obama recently announced that taking

Posted in Administrative Law, Constitutional Law, Legal Pulse

Survey: 2014 Administrative Law

Survey of New York Administrative law for 2013–2014. View Full PDF Rose Mary Bailly, Esq., is the Executive Director of the New York State Law Revision Commission and an Adjusnct Professor of Law at Albany Law School, where she teaches New York

Posted in Administrative Law, Survey of New York Law

People v. On Sight Mobile Opticians

This appeal addresses the severability of a municipal ordinance section and the constitutionality of a content-neutral restriction on the posting of signs on public property. The defendant, On Sight Mobile Opticians, had placed a sign advertising its business on public

Posted in Administrative Law, Article Archive, Court Watch, New York Court of Appeals, Zoning and Land Use

Matter of Ford v. New York State Racing and Wagering Board

This appeal addresses the legal grounds for rulemaking regarding out-of-competition race horse testing and whether such testing would involve unconstitutional intrusions by testing agents. In 2009 the defendant, the New York State Racing & Wagering Board (“Board”), promulgated a rule

Posted in Administrative Law, Article Archive, Court Watch, New York Court of Appeals

Jones v. Town of Carroll

This appeal addressed the application of Town laws to Plaintiff’s land. In 1984, Plaintiff, Carol Jones (“Jones”), obtained a special use permit from Defendant, the Town of Carroll, allowing her to develop a construction and demolition landfill (“C & D

Posted in Administrative Law, Appellate Division, 4th Judicial Department, Article Archive, Court Watch, Real Property, Zoning and Land Use

Harwood v. Addison

This appeal concerns the termination of employment of a public employee. The Petitioner, Brenda Harwood, served as a senior account clerk typist in the City of Watertown’s Parks and Recreation Department. After a twenty-nine year career with the Department, the

Posted in Administrative Law, Appellate Division, 4th Judicial Department, Article Archive, Civil Practice, Court Watch, Labor and Employment Law