Legal Opinion
McCartney v. Austin
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1969PublishedCited by 14 opinions
1Opinion of the CourtGibson, P. J.
The plaintiffs appeal from a judgment entered upon an order of the Supreme Court which granted defendants’ motion for summary judgment dismissing the complaint in an action for declaratory judgment .that section 2164 of the Public Health Law is unconstitutional. The section thus attacked provides .that no child shall be admitted to school without a certificate of his immunization against poliomyelitis, smallpox and measles. The issues tendered by the action, and the proof submitted upon the motion, are well outlined in the compre*371hensive opinion written at Special Term (57 Misc 2d 525) and…
2Cases cited5 opinions
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Braunfeld v. BrownSupreme Court of the United States · 1961
- Matter of ViemeisterNew York Court of Appeals · 1904
- People v. . EkeroldNew York Court of Appeals · 1914
- McCartney v. AustinNew York Supreme Court · 1968
3Cited by14 opinions
- Fallon v. Mercy Catholic Medical Center of Southeastern PennsylvaniaCourt of Appeals for the Third Circuit · 2017
- Sherr v. Northport-East Northport Union Free School DistrictDistrict Court, E.D. New York · 1987
- Caviezel v. Great Neck Public SchoolsCourt of Appeals for the Second Circuit · 2012
- Martine S. v. Anthony D.New York City Family Court · 1983
- In re Crystal H.New York City Family Court · 1987
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