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CAVIEZEL v. GREAT NECK PUBLIC SCHOOLS

No. 10-cv-652 (ADS)(WDW).

739 F.Supp.2d 273 (2010)

Martina CAVIEZEL and Andreas Schenk Caviezel, Individually and as parents and natural Guardians of CC, Plaintiffs, v. GREAT NECK PUBLIC SCHOOLS, a/k/a Great Neck Union Free School District; Debbie Shalom, in her capacity as Principal, Parkville School Early Childhood Center; Dr. Thomas P. Dolan, in his capacity as Superintendent of Schools, New York State Education Department; David Steiner, in his capacity as Commissioner of Education, Defendants.

United States District Court, E.D. New York.

September 24, 2010.

Attorney(s) appearing for the Case

Patricia Finn , Attorney P.C., by Patricia Finn, Esq. , Jonathan Matthew Victor, Esq. , of Counsel, Piermont, NY, Attorneys for the plaintiffs.

Frazer & Feldman, LLP, by Joseph W. Carbonaro, Esq. , of Counsel, Garden City, NY, Attorneys for the defendants Great Neck Public Schools, Debbie Shalom , and Thomas P. Dolan .

New York State Attorney General's Office by Assistant Attorney General Ralph Pernick, of Counsel, Mineola, NY, Attorneys for the defendants New York State Education Department and David Steiner.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The plaintiffs in this case seek a religious-based exemption from the New York State requirement that their child, CC, be immunized from certain communicable diseases before being admitted to public school. The plaintiffs originally sought a preliminary injunction granting this relief. After an evidentiary hearing, the Court on April 5, 2010 denied the plaintiffs' request. Caviezel v. Great Neck...

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