Boreali et al. v. Axelrod

A New York state Public Health Council adopted a regulation prohibiting smoking in most indoor areas. The court found that the regulation was invalid because the Commission exceeded its authority when it drafted a regulation containing its own assessment of what public policy should be on tobacco smoking. In particular, the court found that the exceptions created by the Commission—such as for bars and small restaurants—were based on economic and social concerns not on public health.


Boreali v. Axelrod, 523 N.Y.S.2d 464 (N.Y. 1987).

  • United States
  • Nov 25, 1987
  • Court of Appeals of New York



  • Brooklyn Chamber of Commerce, Inc
  • Dennis Paperman as President of the Brighton Beach Board of Trade
  • Fred Boreali, Boreali's Restaurant, Inc., d/b/a Boreali's
  • Robert Wertz
  • Thomas Bartosiewicz
  • United Restaurant, Hotel, Tavern Association of New York State, Inc.


  • David M. Axelrod, Commissioner of the New York State Department of Health
  • New York State Public Health Council

Legislation Cited

10 New York State Code, Rules, Regulations part 25

New York State Public Health Law section 225

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