NYS Public Health Legal Manual: A Guide for Judges, Attorneys ...

§ 1.85 NEW YORK STATE PUBLIC HEALTH LEGAL MANUAL
Commentary
The laws governing domestic and other animals harboring diseases
that are contagious to humans contain authority for control mechanisms
that are similar to those that apply to contagious diseases in
humans themselves—investigations, seizures, isolation, quarantine,
vaccinations. These laws also authorize the ultimate remedy: the
slaughter of the infected animals and any animals that may have
been exposed to the disease. As with any order issued by an administrative
body or officer, an order of the DAM or City Commissioner
of Health is subject to judicial review by an Article 78 proceeding.
The City of New York remains subject to the provisions of the Agriculture
and Markets Law, but has issued its own rules to more precisely
apply animal restrictions and control to an urban environment.
[1.85] VIII. EMERGENCY RESPONSES TO DISASTERS
[1.86] A. Authority
[1.87] 1. Executive Law [Exec. Law]
Executive Law Article 2-B addresses the local and State responses to
“disasters,” including epidemics and other public health emergencies. See
Exec. Law § 20(2)(a) [“disaster” means “occurrence or imminent threat of
widespread or severe damage, injury or loss of life or property resulting
from any natural or man-made causes, including but not limited to . . . epidemic,
air contamination . . . infestation . . . radiological accident, nuclear,
chemical, biological or bacteriological release, water contamination
. . . .”]. The provisions of Article 2-B of the Executive Law are applicable
to New York City.
[1.88] a. Role of Localities
[1.89] (i) Local Disaster Emergency Plans
Executive Law §§ 23(1) [“Each county, except those contained in the
city of New York, and each city, town and village is authorized to prepare
comprehensive emergency management plans . . . . City, town and village
plans shall be coordinated with the county plan.”]; 23(7) [“Such plans
shall include, but not be limited to: . . . . (b) Disaster response . . . [and]
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