State Senator George Borrello and other lawmakers have announced their intention to appeal a recent decision by the Appellate Division of State Supreme Court. The decision overturned a ruling by Acting Supreme Court Judge Ronald D. Ploetz, who had determined that the state Health Department’s COVID-19 rulemaking violated the separation of powers.
The ruling by Judge Ploetz in July of last year struck down the state’s use of a rulemaking procedure to establish isolation and quarantine procedures for highly communicable diseases. Senator Borrello, along with Rep. Mike Lawler and Assemblyman Christopher Tague, praised Judge Ploetz’s decision and criticized Governor Kathy Hochul and Attorney General Tish James for appealing it.
While the Appellate Division’s decision did not address the merits of the case, the lawmakers expressed disappointment and concern over its implications. They argued that the ruling not only allows the Hochul administration to reinstate the rule but also sets a precedent that restricts citizens from challenging government overreach in court. They further claimed that it unconstitutionally empowers the Executive Branch to overreach into policymaking.
The regulation in question, known as 10 NYCRR 2.13, established isolation and quarantine procedures for individuals suspected of having a communicable disease. It was initially adopted as an emergency regulation in February 2022 and has been renewed at 90-day intervals.
In their joint statement, the lawmakers acknowledged the uphill battle they face against the state but emphasized their commitment to fighting for New Yorkers’ rights. They plan to appeal the decision to the Court of Appeals, the highest court in the state, with confidence that justice will prevail.
What was the original ruling by Judge Ploetz?
Judge Ploetz, in his ruling, deemed the state Health Department’s COVID-19 rulemaking as a violation of the separation of powers.
Why are the lawmakers appealing the decision?
The lawmakers believe that the Appellate Division’s ruling allows for government overreach, restricts citizens from challenging such overreach, and unconstitutionally empowers the Executive Branch.
What does the regulation in question entail?
The regulation, 10 NYCRR 2.13, establishes isolation and quarantine procedures for individuals suspected of having a communicable disease.
What is the next step for the lawmakers?
The lawmakers plan to appeal the decision to the Court of Appeals, the highest court in the state.