Case No. MISSINGRegular Panel Decision Metropolitan Funeral Directors Ass'n v. City of New York
Plaintiffs, including the Metropolitan Funeral Directors Association, John C. Sommese, Anthony J. Martino, Hess-Miller Funeral Home, Inc., and Simonson Funeral Home, Inc., initiated an action seeking a declaratory judgment against the City of New York, the New York City Department of Consumer Affairs (DCA), and Commissioner Jules Polonetsky. The plaintiffs challenged four recently amended DCA rules (5-162, 5-164, 5-165, 5-166) pertaining to the regulation of the funeral home industry. They contended that these rules were preempted by State law, exceeded the Commissioner's authority, lacked a legitimate government purpose, were unconstitutionally vague, and were arbitrary and capricious. Additionally, plaintiffs sought a preliminary injunction to prevent the enforcement of these rules, arguing that their implementation would cause irreparable harm to their businesses. Defendants countered that the rules were consumer-protective, a rational exercise of authority, and consistent with State law, citing a February 1999 DCA investigation report titled "The High Cost of Dying." The court, presided over by Justice Richard F. Braun, denied the plaintiffs' motion for a preliminary injunction, concluding that they failed to demonstrate a likelihood of success on the merits, irreparable injury, or a favorable balance of equities. The court also noted the plaintiffs' incomplete statement as required by CPLR 6001.
Funeral Home RegulationConsumer ProtectionDeclaratory JudgmentPreliminary InjunctionState PreemptionLocal OrdinancesAdministrative LawStatutory AuthorityUnconstitutionally VagueArbitrary and Capricious