NY vaping: AG appeals judge’s order that struck down emergency e-cigarette flavor ban
NY & Appealing To The Flavor Ban Standoff
"Attorney General Letitia James late Friday appealed a judge’s order that struck down New York’s emergency ban on flavored e-cigarettes.
James asked the appeals court to overturn the ruling by acting state Supreme Court Justice Catherine Cholakis, who in part said that Gov. Andrew Cuomo and health officials exceeded their authority in approving the temporary ban last fall.
The judge asserted the ban fell under lawmaking and policy actions reserved to the state Legislature.
James' office disputed that ruling and asked the appeals court for further clarification of how the "separation of powers doctrine" cited by Cholakis applies to the battle over the emergency vaping flavor ban.
It is the second time the appeals court in Albany has been asked to intervene in the case. In October, it temporarily halted enforcement of the ban just hours before it was to take effect.
That decision sent the matter back to Cholakis, who ruled last month to grant a preliminary injunction, in part citing the likelihood that the state would lose the case..."