responsibility for recovery, and § 16-482(b) and (c), regarding fees chargeable to manufacturers under the City’s collection program, are ultra vires under the constitution and legislative acts of New York State. The City argues that it has authority under state law to enact Local Law 69 pursuant to its delegated police powers. Plaintiff’s motion is denied with respect to these two claims because it is not possible to conclude, based on the materials the Court is permitted to consider on this motion and drawing all reasonable inferences in favor of the City, that Local Law 69 is an unlawful exercise of the City’s police powers. Police powers repose with the states. See U.S. Const, amend. X; United States v. Morrison, 529 U.S. 598, 618, 120 S.Ct. 1740, 146 L.Ed.2d 658 (2000) (<HOLDING>). New York State delegates certain of such
recognizing separation of powers doctrine holding that states grant of general corporate powers to hospital authorities does not include permission to use those powers anticompetitively holding that congress may impose its will on the states as long as it is acting within the powers granted by the constitution holding that the founders undeniably left police powers reposed in the states holding state legislation was a reasonable exercise ofits broad police powers in regulating the administration of drugs by health professionals where the decision to prescribe or to use is left entirely to the physician and the patient