Medical Professionals for Informed Consent, Individually and on Behalf of its Members, et al., Petitioners/Plaintiffs, v Mary T. Bassett, in Her Official Capacity as Commissioner of Health for the State of New York, et al., Respondents/Defendants., 78 Misc. 3d 482

Summary

HOLDINGS: [1]-In a case in which petitioners sought, inter alia, a court order declaring that the COVID-19 vaccine mandate for medical providers be declared an ultra vires act by the New York State Department of Health (DOH), the court concluded that the DOH blatantly violated the boundaries of its authority as set forth by the legislature. The court found that respondents had violated Public Health Law §§ 206, 613, 2164, and 2165. Respondents did not "fill in" some missing area, but acted contrary to statute. Concerning whether the legislature had failed to act, the court noted the record was replete with COVID-19 legislative proposals; [2]-Noting that respondents acknowledged then-current COVID-19 shots do not prevent transmission, the court found that the vaccine mandate was arbitrary and capricious.