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MATTER OF VAPOR TECH. ASSN. v. CUOMO

532438.

203 A.D.3d 1516 (2022)

166 N.Y.S.3d 296

2022 NY Slip Op 02171

In the Matter of Vapor Technology Association et al., Respondents, v. Andrew M. Cuomo, as Governor of the State of New York, et al., Appellants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 31, 2022.

Attorney(s) appearing for the Case

Letitia James, Attorney General, Albany (Dustin J. Brockner of counsel), for appellants.

Thompson Hine LLP, New York City (Eric N. Heyer of Thompson Hine LLP, Washington, DC, of counsel, admitted pro hac vice), for respondents.

Garry, P.J., Pritzker, Colangelo and Ceresia, JJ., concur.

Respondent Public Health and Health Planning Council (hereinafter the Council) is an administrative body within respondent Department of Health (hereinafter DOH) empowered to establish "sanitary regulations, to be known as the sanitary code of the state of New York, subject to approval by" respondent Commissioner of Health (Public Health...

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