Judge rules against NYC in COVID vaccine case after mandate liftedBy Priscilla DeGregory
February 16, 2023
The city’s bid to toss an NYPD sergeant’s vaccine mandate lawsuit was shot down by a Manhattan judge — in what could be the first such ruling since Mayor Eric Adams lifted the COVID-era rule requiring Big Apple workers to get the jab.
Attorney James Mermigis – dubbed the “Anti-shutdown” lawyer for his pandemic-related litigation – told The Post that the city has sought to get roughly 50 of his cases tossed out as moot since the mandate was lifted on Feb. 9.
On Tuesday, in what could be a first-of-its-kind ruling, Manhattan Supreme Court Justice Erika Edwards rejected the city’s argument in one such lawsuit — filed by NYPD Sgt. Patrick Agugliaro after his request for a COVID-19 vaccine exemption on religious grounds was denied.
The judge agreed to overturn the city’s denial of Agugliaro’s request, finding it was “devoid of any explanation,” and shot down the argument that his suit was no longer relevant in her decision.
Unlike hundreds of city employees, Agugliaro wasn’t fired over his refusal to get the jab as his attorney, Mermigis, was able to obtain a temporary restraining order as his case played out in court.
* * *
Source:
https://nypost.com/2023/02/16/judge-rules-against-city-in-vax-mandate-case-post-mandate-lift/
