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152723/2014
ATTORNEY AFFIRMATION
IN SUPPORT OF MOTION
FOR SUMMARY JUDGMENT
PURSUANT TO CPLR 3212
Defendants.
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EDWARD A. PALTZIK, an attorney admitted to practice in New York State, deposes
and says under penalty of perjury:
1.
CPLR 3212, granting summary judgment in favor of the Plaintiffs as to all of the relief
requested in this declaratory judgment action, to wit:
(a) A declaratory judgment that Local Law 152, Titled: A Local Law to amend the
administrative code of the City of New York, in relation to the regulation of electronic
cigarettes (Local Law 152), which amends New York City Administrative Code (N.Y.C.
Admin. Code) Title 17, Chapter 5 17-501 to 17-514 (Title 17 Chapter 5), is
unconstitutional, ultra vires, and null and void, in that Local Law 152 adds a second subject
1
(electronic cigarettes) to Title 17 Chapter 5 and therefore violates the One Subject Rule
contained in the New York State Constitution, Article III, 15, the New York Municipal Home
Rule Law, Article 3, 20(3), and the New York City Charter, ch. 2, 32; and
(b) A declaratory judgment that Local Law 152 may not be implemented and is
unenforceable on the basis that Local Law 152 is unconstitutional, ultra vires, and null and void,
in that Local Law 152 violates the One Subject Rule; and
(c) A judgment permanently enjoining and restraining Defendants from implementing
and enforcing Local Law 152.
3.
As set forth more fully in Plaintiffs accompanying Memorandum of Law and the
exhibits attached to this Affirmation, Defendants exceeded their legislative powers by adding a
second subject, (electronic cigarettes) to Title 17 Chapter 5, in violation of the One Subject
Rule of the New York State Constitution, Article III, 15, the New York Municipal Home Rule
Law, Article 3, 20(3), and the New York City Charter, ch. 2, 32.
4.
5.
Answer.
6.
7.
Exhibit C A copy of the original CIAA (Clean Indoor Air Act), effective
April 6, 1988 (New York City Administrative Code Title 17, Chapter 5 [ 17-501 to 17-514]).
8.
Exhibit D - A copy of Local Law 5, the SFAA (Smoke-Free Air Act of 1995,
effective April 10, 1995), amending Title 17, Chapter 5, obtained from web.archive.org.
9.
Exhibit E - A copy of the New York City Department of Health and Mental
10.
Exhibit F - A copy of quoted testimony excerpted from the New York City
Exhibit G A copy of quoted testimony from the New York City Council
Exhibit H A copy of the Local Law 47 Legislation Details obtained from the
13.
Exhibit J A copy of quoted excerpts from CLASH v. City of New York, et al.,
Exhibit K - A copy of the Local Law 11 Legislation Details obtained from the
Exhibit L A copy of Audrey Silks testimony at the New York City Council
Exhibit M - A copy of additional quoted testimony from the New York City
Exhibit N A copy of quoted testimony from the New York City Council
ban,
Queens
Chronicle,
December
26,
2013,
available
http://www.qchron.com/editions/queenswide/city-council-levies-wide-ranging-e-cigaretteban/article_1f66c92f-778c-5923-81ea-906f24a9000f.html.
at:
19.
December 4, 2013 Report comprising of its analysis of the E-Cig Bill that became Local Law
152.
21.
December 18, 2013 Report comprising of its analysis of the E-Cig Bill that became Local Law
152.
22.
Exhibit S - A copy of the Local Law 152 Legislation Details obtained from the