Doe v. Axelrod

In Doe v. Axelrod, 73 NY2d 748, [1988] plaintiffs, a coalition of various members of the medical and pharmaceutical communities sued seeking declaration that 10 NYCRR 80.67 - which imposed strict control on certain tranquilizing medications - be de declared unconstitutional (id. at 749). Plaintiffs also sought a preliminary injunction enjoining defendant, the State from enforcing the challenged regulation (id.) The court denied plaintiff's request for a preliminary injunction holding that because plaintiff's failed to establish that defendant "acted outside of the authority constitutionally delegated to him under the Public Health Law or that the regulation was so lacking in reason for its promulgation that it was essentially arbitrary" (id. at 750.), they failed to establish a likelihood of success on the merits (id.).