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CAVIEZEL v. GREAT NECK PUBLIC SCHOOLS

No. 11-3431-cv.

MARTINA CAVIEZEL, ANDREAS SCHENK CAVIEZEL, Individually and as Parents and Natural Guardians of CC, Plaintiffs-Appellants, v. GREAT NECK PUBLIC SCHOOLS, A/K/A GREAT NECK UNION FREE SCHOOL DISTRICT, DEBBIE SHALOM, in her official capacity as Principal, Parkville School Early Childhood Center, THOMAS P. DOLAN, in his official capacity as Superintendent of Schools, NEW YORK STATE EDUCATION DEPARTMENT, DAVID STEINER, in his official capacity as Commissioner of Education, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

October 12, 2012.

Attorney(s) appearing for the Case

JONATHAN VICTOR ( Patricia Finn , on the brief), Law Office of Patricia Finn Attorney, P.C., Piermont, New York, Appearing for Appellant.

JOSEPH W. CARBONARO , Frazer & Feldman, LLP, Garden City, New York, for Great Neck Union Free School District, Principal Debbie Shalom, Superintendent Thomas P. Dolan, Appearing for Appellees.

DAVID LAWRENCE III , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Michael S. Belohlavek , Senior Counsel, on the brief), on behalf of Eric T. Schneiderman , Attorney General of the State of New York, New York, New York, for New York State Education Department, Commissioner David Steiner.

Present: REENA RAGGI, PETER W. HALL, SUSAN L. CARNEY, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on July 27, 2011, is AFFIRMED.

Plaintiffs Martina and Andreas Schenk Caviezel sued defendants under federal and state law for denying them a religious exemption from the New York requirement that they have their children vaccinated as a condition of their attendance of public schools. See N.Y. Pub. Health Law § 2164(7),...

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