CAVIEZEL v. GREAT NECK PUBLIC SCHOOLS

No. CV 10-0652(ADS).

701 F.Supp.2d 414 (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.

April 5, 2010.


Attorney(s) appearing for the Case

Patricia Finn, Esq., Piermont, NY, for Plaintiffs.

Frazer & Feldman, LLP by Joseph Carbonaro, Esq. of Counsel, Garden City, NY, for Great Neck Union Free School District; Debbie Shalom and Dr. Thomas P. Dolan.

Andrew Cuomo, Attorney General of the State of New York by Assistant Attorney General Ralph Pernick of Counsel, Mineola, NY, for New York State Defendants.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This is an application for a preliminary injunction to compel the defendant Great Neck Union Free School District ("the School District") to register child CC without being vaccinated, on the ground of a religious exemption.

By Order to Show Cause, the plaintiffs move, pursuant to Federal Rule of Civil Procedure 65, for the following relief during the pendency of this action:

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