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VATORE v. CONSUMER AFFAIRS

83 N.Y.2d 645 (1994)

634 N.E.2d 958

612 N.Y.S.2d 357

Bob Vatore et al., Respondents, v. Commissioner of Consumer Affairs of the City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided May 5, 1994.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Helen P. Brown and Larry A. Sonnenshein of counsel), for appellants.

Schapiro & Reich, Lindenhurst (Perry S. Reich, Steven M. Schapiro and Cary David Kessler of counsel), for respondents.

Russ Haven, New York City, for Alliance For Smoke-Free Air and others, amici curiae.

G. Oliver Koppell, Attorney-General, New York City (Jerry Boone and Harvey M. Berman of counsel), for State of New York, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.

LEVINE, J.

This appeal presents a question of statutory interpretation: whether the Legislature, in enacting the Adolescent Tobacco-Use Prevention Act (the Act) (Public Health Law art 13-F [L 1992, ch 799]), intended to preempt local municipal regulation of tobacco sales and distribution through vending machines in public places. In particular, the question is whether the State statute preempts Local Laws, 1990...

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