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KERRI W.S. v. ZUCKER

636 CA 20-00854.

202 A.D.3d 143 (2021)

161 N.Y.S.3d 567

2021 NY Slip Op 07349

In the Matter of KERRI W.S., PSY.D., et al., Individually and on Behalf of Their Minor Son T.S., Respondents, v. HOWARD ZUCKER, in His Official Capacity as Commissioner of Health of State of New York, and NEW YORK STATE DEPARTMENT OF HEALTH, Appellants, et al., Respondents-Defendants.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

Letitia James , Attorney General, Albany ( Dustin J. Brockner of counsel), for respondents-defendants-appellants.

Patricia Finn Attorney, P.C., Nanuet ( Patricia Finn of counsel), for petitioners-plaintiffs-respondents.

TROUTMAN and WINSLOW, JJ., concur with NEMOYER, J.; SMITH, J.P., and CARNI, J., concur in the result only.

OPINION OF THE COURT

The legislature has determined that vaccines save lives. The legislature has therefore established a mandatory "program of immunization ... to raise to the highest reasonable level the immunity of the children of the state against communicable diseases" (Public...

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