In re Karen Lee M.

Appellate Division of the Supreme Court of New York

In re Karen Lee M.

33 A.D.2d 877, 307 N.Y.S.2d 802, 1969 N.Y. App. Div. LEXIS 2723

Appellate Division of the Supreme Court of the State of New York·Decided December 4, 1969·Published·Cited by 1 cases

Opinion

Appeal uanimously dismissed as moot, without costs. Memorandum: It is undisputed that since the order appealed from was made, respondents-appellants have moved from the school district. Thus, the appeal has become moot and any decision would be academic. We have, however, considered the merits, and were we to rule thereon, we should affirm upon the ground that respondents-appellants do not qualify for exemption under subdivision 8 of section 2164 of the Public Health Law, that is, they are not members of a recognized religious organization whose teachings are contrary to the practices required by said section, and, moreover, the objections raised to inoculation are not religious in nature, but secular (see McCartney v. Austin, 31 A D 2d 370). (Appeal from judgment of Steuben County Family Court adjudging parents guilty of neglect.) Present— Goldman, P. J., Witmer, Moule, Bastow and Henry, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal uanimously dismissed as moot, without costs. Memorandum: It is undisputed that since the order appealed from was made, respondents-appellants have moved from the school district. Thus, the appeal has become moot and any decision would be academic. We have, however, considered the merits, and were we to rule thereon, we should affirm upon the ground that respondents-appellants do not qualify for exemption under subdivision 8 of section 2164 of the Public Health Law, that is, they are not members of a recognized religious organization whose teachings are contrary to the practices required by said section, and, moreover, the objections raised to inoculation are not religious in nature, but secular (see McCartney v. Austin, 31 A D 2d 370). (Appeal from judgment of Steuben County Family Court adjudging parents guilty of neglect.) Present— Goldman, P. J., Witmer, Moule, Bastow and Henry, JJ.

In re Karen Lee M., 33 A.D.2d 877, 307 N.Y.S.2d 802, 1969 N.Y. App. Div. LEXIS 2723 (N.Y. Ct. App. 1969).

Pincite

33 A.D.2d 877 (In re Karen Lee M.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related