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GARCIA v. NYC DEPT. OF HEALTH

161484/15, 1610.

144 A.D.3d 59 (2016)

2016 NY Slip Op 06559

38 N.Y.S.3d 880

MAGDALENA GARCIA, Individually and as Parent and Natural Guardian of P.S., an Infant, et al., Respondents, v. NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 6, 2016.

Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Benjamin Welikson and Cecelia Chang of counsel), for appellants.

Siri & Glimstad LLP, New York City ( Aaron Siri of counsel), for respondents.

FRIEDMAN, J.P., ANDRIAS, SAXE and KAHN, JJ., concur.

OPINION OF THE COURT

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...

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