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GARCIA v. NYC DEPT. OF HEALTH

No. 64.

31 N.Y.3d 601 (2018)

106 N.E.3d 1187

81 N.Y.S.3d 827

2018 NY Slip Op 04778

MAGDALENA GARCIA, Individually and on Behalf of Her Minor Child, P.S., et al., Respondents, v. NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE et al., Appellants.

Court of Appeals of New York.

Decided June 28, 2018.

Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Richard Dearing , Benjamin Welikson and Devin Slack of counsel), for appellants.

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

Chief Judge DiFIORE and Judges RIVERA, FAHEY, GARCIA, WILSON and FEINMAN concur.

OPINION OF THE COURT

On this appeal, respondents the New York City Department of Health and Mental Hygiene (the Department), the New York City Board of Health (the Board), and Dr. Mary Travis Bassett, as Commissioner of the Department, argue that Supreme Court and the Appellate Division erred by enjoining enforcement of the Board...

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