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MATTER OF KERRI W.S. v. ZUCKER

942 CA 23-00103.

222 A.D.3d 1420 (2023)

200 N.Y.S.3d 251

2023 NY Slip Op 06663

In the Matter of Kerri W.S., PsyD. et al., Individually and on Behalf of T.S., a Minor, Appellants, v. Howard Zucker, in His Official Capacity as Commissioner of Health for State of New York, et al., Respondents.

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

Decided December 22, 2023.

Attorney(s) appearing for the Case

PATRICIA FINN ATTORNEY, P.C., NANUET ( PATRICIA FINN OF COUNSEL), FOR PETITIONERS-APPELLANTS.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( DUSTIN J. BROCKNER OF COUNSEL), FOR RESPONDENTS-RESPONDENTS HOWARD ZUCKER, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF HEALTH FOR STATE OF NEW YORK, AND NEW YORK STATE DEPARTMENT OF HEALTH.

HARRIS BEACH PLLC, PITTSFORD ( JOSHUA D. STEELE OF COUNSEL), FOR RESPONDENTS-RESPONDENTS MARK FRENZEL, IN HIS OFFICIAL CAPACITY AS PRINCIPAL OF MONROE ONE BOCES, FAIRPORT, AND MONROE ONE BOCES,

Present—Smith, J.P., Bannister, Montour, Nowak and DelConte, JJ.

Appeal from a judgment of the Supreme Court, Yates County (Daniel J. Doyle, J.), entered January 3, 2023, in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at...

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