While many of the unlawful mandates have been lifted, the New York State Rules and Regulations, recently amended through SAPA, enable the Commissioner of Health to reimpose them at any time. Our cases remain more relevant than ever.
Marciano v Adams
The Marciano case, filed on behalf of NYPD Officer Marciano and all those “similarly situated” in opposition of the New York City Employees Vaccine Mandate, was removed to federal court. The Judge will render a decision in the coming weeks. Regardless of the outcome, it is likely to be appealed by either side. We feel we have a strong case based on Separations of Powers, in that, the Mayor lacks the authority to impose a vaccine mandate on its employees.
MF v Cuomo (Hochul)
This is the mask case now on appeal in the Second Department. Since October 2021, we await a ruling from trial Court on an amended petition. We are moving for an Order to Show Cause and TRO to strike down newly, amended regulations in Part 2.60, Face Coverings and Part 2.13 Isolation and Quarantine Procedures that together permit the Commissioner of Health to impose mask mandates without legislative authority, a violation of the Separation of Powers.
Rocco’s v deBlasio (Adams)
This case, filed in November of 2021 against the vaccine passports in New York City, was disposed in lower court last month. Our attorney, Patricia Finn, filed a notice of appeal earlier this month.
Stay tuned for more information as these cases work their way through the courts.