NYC C.L.A.S.H., Inc. v. State Office of Parks, Recreation & Historic Pres.

In 2013, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) announced the adoption of a regulation prohibiting smoking in each state park located in New York City, as well as other designated areas under the jurisdiction of OPRHP. NYC C.L.A.S.H., Inc. (CLASH), a nonprofit organization dedicating to protecting the interests of smokers, commenced this hybrid N.Y. C.P.L.R. 78 proceeding and declaratory judgment action challenging the rule as unconstitutional and in violation of the separation of powers doctrine. Supreme Court granted the petition, concluding that the rule violated the separation of powers doctrine. The Appellate Division reversed. The Court of Appeals affirmed, holding that OPRHP and its commissioner acted within the confines of OPRHP's legislatively delegated power and did not usurp the authority of the legislature by promulgating the regulation at issue. View "NYC C.L.A.S.H., Inc. v. State Office of Parks, Recreation & Historic Pres." on Justia Law