Recent Legal Developments Prompt Appeal for Action
ALBANY – Following the Appellate Division’s rejection of a lower court’s verdict supporting the plaintiffs in Borrello et. al. v. Hochul, Senator George Borrello has written to Governor Hochul, urging her administration to avoid reissuing Rule 2.13, titled “Isolation and Quarantine Procedures.”
Senator Borrello has raised issues regarding the constitutionality of the rule, referencing concerns highlighted by State Supreme Court Judge Ronald Ploetz in his initial judgment. The decision, made in July 2022, supported the claimants, including Senator Borrello, Congressman Mike Lawler, Assemblyman Chris Tague, and the group Uniting NYS.
Senator Borrello commented on the Appellate Division’s decision to dismiss their challenge based on ‘standing’, noting that this move bypassed critical questions about the constitutional separation of powers. He emphasized that Judge Ploetz had carefully examined this issue and concurred with the plaintiffs. He noted that the State Legislature had addressed the topic of isolation and quarantine orders by enacting Public Health Law 2120 in 1953.
According to Senator Borrello, Judge Ploetz highlighted the contradiction between Rule 2.13 and PHL 2120. He stated that the rule established a broad policy instead of simply detailing the technical aspects of the existing statute, which would have been within their regulatory authority.
Senator Borrello expressed his concern that the Appellate Division’s decision to avoid addressing the core issue does not negate the fact that the Hochul administration overstepped the separation of powers by implementing this regulation. He pointed out that the only judicial opinion on this matter sided with the plaintiffs.
Reaffirming the plaintiffs’ determination to appeal to the Court of Appeals, Senator Borrello emphasized that the administration’s nominal victory does not resolve the case’s substantive issues. He argued that failing to challenge this decision could lead to future power abuses and a loss of freedoms for New Yorkers. He expressed hope that the Court of Appeals would recognize the significant issues involved and agree to review the case.
Senator Borrello concluded by stating that the Hochul administration could resolve this issue by withdrawing their support for the contentious regulation. He attached the letter sent to Governor Hochul for reference.
