Opinion
942 CA 23-00103
12-22-2023
In the Matter of KERRI W.S., Psyd., and Carl J.S., Jr., J.D., MA, Individually and on Behalf of Their Minor Son, T.S., Petitioners-Appellants, v. Howard ZUCKER, in His Official Capacity as Commissioner of Health for State of New York, New York State Department of Health, Mark Frenzel, in His Official Capacity as Principal of Monroe One Boces, Fairport, and Monroe One Boces, Fairport, Respondents-Respondents.
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, FAIRPORT.
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, FAIRPORT.
PRESENT: SMITH, J.P., BANNISTER, MONTOUR, NOWAK, AND DELCONTE, JJ.
ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.