Judge Lyle Frank in NYS Supreme Court Rules Vaccine Mandate Invalid For PBA Members

I am so happy, I’m crying. Judge Lyle Frank, the current winner of the Best Judge of the New York State Judicial System (I just created it) declared the COVID Vaccine Mandate invalid for all former and current members of the Police Benevolent Association! Wow.

The massive mistake of the City and State of New York is being erased, I mean the COVID Vaccine Mandate for municipal workers – get the vaxx or be fired.

DECISION___ORDER-Final

NOTICE_OF_APPEAL

Mayor Adams -Transcript on vaccines

Affidavit of Dr. Harvey Risch

But is it too late? I know so many police personnel who have moved to other States, found private security positions, retired, or just given up. Harm, anger, and disgust are everywhere.

And it’s not over. The City is already promising to Appeal the ruling by Judge Frank. If the 1st Department Appellate Court rules against the PBA and in favor of reinstating the Vaccine Mandate, the PBA can Appeal to the Court of Appeals. We are talking months, years.

Mr. Mayor, can’t you do the right thing and say “enough, let’s not Appeal?”

Think about November.

Betsy Combier

COVID Update NYC: Judge rules vaccine mandate invalid for PBA members

Eyewitness News via WABC logo

NEW YORK CITY (WABC) — A judge has ruled that New York City’s COVID vaccine mandate is invalid as it applies to members of the Police Benevolent Association.

Manhattan State Supreme Court Judge Lyle Frank ruled the city cannot terminate PBA members for not getting vaccinated, suggesting instead that the city make vaccination requirements part of the PBA’s contract.

“It is undisputed that the Department of Health has the authority to issue vaccine mandates, that is not before this court,” Lyles said.

He said that all PBA members who were fired or put on leave without pay because of that mandate should be reinstated.

“This decision confirms what we have said from the start: the vaccine mandate was an improper infringement on our members’ right to make personal medical decisions in consultation with their own health care professionals. We will continue to fight to protect those rights,” PBA President Patrick Lynch said.

New York City says they will be “immediately appealing” the ruling.

“it is undisputed that the Department of Health has the authority to issue vaccine mandates, that is not before this Court,” said a law department spokesperson in a statement.

Judge Lyle Frank

 

Judge orders NYPD union members fired over vax mandate reinstated

By  and 

Members of the NYPD’s largest police union who were fired for not getting vaccinated against the coronavirus have to be reinstated, a judge ruled Friday.

Manhattan Supreme Court Justice Lyle Frank wrote in a ruling that the city’s vaccine mandate on the Police Benevolent Association was invalid “to the extent it has been used to impose a new condition of employment” on the union.

The mandate was also invalid because it issued enforcement beyond “monetary sanctions” prescribed in the law, Frank wrote as he ordered all PBA members put on leave or canned to be reinstated.

“This decision confirms what we have said from the start: the vaccine mandate was an improper infringement on our members’ right to make personal medical decisions in consultation with their own health care professionals,” PBA President Pat Lynch said in a statement.

“We will continue to fight to protect those rights.”

See our other posts:

NY City’s COVID Vaccine Mandate For Municipal Workers Given a Review at the U.S. Supreme Court

Mayor Adams Ends Mandate For Private Companies and Students’ Extra-Curricular Activities, But Not City Workers

Mayor Adams Unfairly Grants Exemptions To His COVID Vaccine Mandate But Not To NYC DOE Employees

Judge Rules St. Paul’s COVID Vaccine Mandate Cannot Be Enforced Due To Unfair Labor Practice

Ohio Judge Blocks Air Force Globally From Discharging Vaccine Refusers Requesting Religious Exemption

Michael Kane, et al. File Federal Case in Opposition to New York State Vaccine Mandate

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