NYMP Laws & Orders #3:

Judge Porzio rules tomorrow on class certification for DiCapua, appeals court denies Marsteller motion, NYC's pandemic recovery emergency ends, WOC4EJ attorney pushes for oral arguments, more.

Judge Porzio to rule on class certification in DiCapua et al v. City of New York et al in September 6 hearing.

Following an August 14 hearing where Richmond County Supreme Court Judge Ralph Porzio heard oral arguments on class certification and Article 78 claims in DiCapua et al v. City of New York et al, the judge will be ruling on both matters in a hearing set for 3:30 p.m. tomorrow afternoon.

The lawsuit was brought by 16 current and former NYC Department of Education employees who were denied religious exemptions to the DOE’s COVID-19 vaccine mandate, as well as the organization Teachers for Choice.

If it becomes a class-action lawsuit, the eventual decision in this case could affect many more DOE employees. Based on discussions during the August 14 hearing, it looks like the class would include DOE employees who requested a religious accommodation, were denied, appealed, and were denied again.

It seems difficult to say how Porzio will rule at this point. While he issued a decisive …