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MATTER OF HENSLEY v. WILLIAMSVILLE CENT. SCH. DIST.

516 CA 21-00840.

206 A.D.3d 1655 (2022)

170 N.Y.S.3d 412

2022 NY Slip Op 03655

In the Matter of Dana Hensley, on Behalf of Her Minor Children and All Others Similarly Situated, et al., Respondents, v. Williamsville Central School District et al., Respondents-Defendants, and Andrew M. Cuomo, Governor of New York, et al., Appellants. (Proceeding/Action No. 1.). In the Matter of Robert Dinero, on Behalf of His Minor Children and All Others Similarly Situated, Respondents, v. Orchard Park Central School District et al., Respondents-Defendants, and Andrew M. Cuomo, Governor of New York, et al., Appellants. (Proceeding/Action No. 2.).

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( BEEZLY J. KIERNAN OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS.

LAW OFFICE OF TODD ALDINGER, ESQ., BUFFALO ( TODD ALDINGER OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-RESPONDENTS.

Present—Whalen, P.J., Smith, Peradotto and Winslow, JJ.

It is hereby ordered that said appeal is unanimously dismissed without costs and the amended judgment is vacated.

Memorandum: Petitioners-plaintiffs (petitioners) commenced these hybrid CPLR article 78 proceedings and declaratory judgment actions with nearly identical petitions-complaints (petitions) challenging COVID-19 pandemic-related guidance issued by respondents-defendants New York State Department of Health (DoH) and New York State Department of Education ...

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