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Magdalena Garcia,, et al., Respondents,v.New York City Department of Health and Mental Hygiene, et al., Appellants.

Brief

38 Cited authorities

  1. Bruesewitz v. Wyeth LLC

    562 U.S. 223 (2011)   Cited 220 times   10 Legal Analyses
    Holding that the National Childhood Vaccine Injury Act preempted state-law design-defect claims against vaccine manufacturers

  2. Phillips v. City of New York

    775 F.3d 538 (2d Cir. 2015)   Cited 129 times   4 Legal Analyses
    Holding that New York could constitutionally require all children to be vaccinated in order to attend school

  3. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 243 times   3 Legal Analyses
    Finding proper balance between health concerns and cost "is a uniquely legislative function"

  4. Albany Bldrs. v. Guilderland

    74 N.Y.2d 372 (N.Y. 1989)   Cited 159 times
    Holding Guilderland's local law was preempted by New York state law which provided a comprehensive scheme for funding road construction

  5. Consolidated Edison Co. of New York, Inc. v. Town of Red Hook

    60 N.Y.2d 99 (N.Y. 1983)   Cited 177 times   1 Legal Analyses
    Holding state had preempted local regulation regarding the siting of major steam electric-generating plants

  6. People v. Diack

    2015 N.Y. Slip Op. 1376 (N.Y. 2015)   Cited 66 times
    Discussing chapter 568 enacted in 2008

  7. Witty v. Delta Air Lines, Inc.

    366 F.3d 380 (5th Cir. 2004)   Cited 65 times
    Holding that federal aviation regulations defensively preempted state requirements for passenger-safety warnings and making no jurisdictional determination

  8. In re Dutchess County Dept. of Social Ser., v. Day

    96 N.Y.2d 149 (N.Y. 2001)   Cited 62 times

    Decided May 3, 2001. Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered February 28, 2000, which affirmed an order of the Family Court, Dutchess County (Damian J. Amodeo, J.), denying objections to two orders of that Family Court (Esther R. Furman, H.E.) that directed respondents to pay a total of $4,375 as reimbursement to petitioner for money it expended on behalf of respondents' minor child while

  9. People v. De Jesus

    54 N.Y.2d 465 (N.Y. 1981)   Cited 108 times
    Holding that New York Alcoholic Beverage Control Law preempted local law

  10. NYC C.L.A.S.H., Inc. v. New York State Office of Parks

    2016 N.Y. Slip Op. 2479 (N.Y. 2016)   Cited 34 times

    No. 46 03-31-2016 In the Matter of NYC C.L.A.S.H., INC., Appellant, v. NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION et al., Respondents. Joshpe Law Group LLP, New York City (Edward A. Paltzik of counsel), and Law Offices of Yan Margolin, New York City (Yan Margolin of counsel), for appellant. Eric T. Schneiderman, Attorney General, Albany (Victor Paladino, Barbara D. Underwood and Andrea Oser of counsel), for respondents. FAHEY, J. Joshpe Law Group LLP, New York City (Edward

  11. Section 300aa-15 - Compensation

    42 U.S.C. § 300aa-15   Cited 405 times

    (a) General rule Compensation awarded under the Program to a petitioner under section 300aa-11 of this title for a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, shall include the following: (1) (A) Actual unreimbursable expenses incurred from the date of the judgment awarding such expenses and reasonable projected unreimbursable expenses which- (i) result from the vaccine-related injury for which the petitioner seeks compensation, (ii) have

  12. Section 914 - Immunization of children

    N.Y. Educ. Law § 914   Cited 1 times

    1. Each school shall require of every child entering or attending such school proof of immunization in accordance with the provisions of section twenty-one hundred sixty-four of the public health law. 2. Each school district shall assist and cooperate with the municipality in the development of a plan required by section six hundred thirteen of the public health law. 3. Each school district shall participate in the surveys directed by the state commissioner of health pursuant to section six hundred

  13. Section 19a-79 - (Formerly Sec. 19-43d). Regulations. Exemptions. Waivers

    Conn. Gen. Stat. § 19a-79

    (a) The Commissioner of Early Childhood shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of sections 19a-77 to 19a-80, inclusive, , and 19a-82 to 19a-87, inclusive, and to assure that child care centers and group child care homes meet the health, educational and social needs of children utilizing such child care centers and group child care homes. Such regulations shall (1) specify that before being permitted to attend any child care center or group

  14. Section 40-2.23 - Immunization; performance standards

    N.Y. Comp. Codes R. & Regs. tit. 10 § 40-2.23

    The local health department shall maintain a program designed to minimize the occurrence and transmission of vaccine-preventable diseases. The program shall include, at a minimum, activities to ensure: (a) compliance with all statutes and regulations concerning immunization applicable to local health departments, including but not limited to: (1) Public Health Law§ 613, concerning programs of immunization for children; (2) Public Health Law§ 2164, concerning vaccination of school children against