Legal Opinion
Garcia v. New York City Department of Health & Mental Hygiene
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 2016No. 161484/15 1610PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Richter, J.
In this appeal, we are asked to decide whether the New York City Board of Health properly adopted regulations mandating the influenza vaccine for children attending certain child care, prekindergarten, and kindergarten programs. Unlike state immunization statutes, the regulations do not prohibit child care facilities and schools from admitting unvaccinated children. Instead, a facility or school can, in effect, opt out of the vaccination requirement by paying a monetary fine. Further, the regulations do not apply to all child care facilities, but only to a small…
2Cases cited19 opinions
- New York State Club Assn., Inc. v. City of New YorkSupreme Court of the United States · 1988
- Boreali v. AxelrodNew York Court of Appeals · 1987
- Medical Society v. SerioNew York Court of Appeals · 2003
- New York State Club Ass'n v. City of New YorkNew York Court of Appeals · 1987
- Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
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3Cited by2 opinions
- Garcia v. New York City Dept. of Health & Mental HygieneNew York Court of Appeals · 2018
- National Restaurant Ass'n v. New York City Department of Health & Mental HygieneAppellate Division of the Supreme Court of the State of New York · 2017