A hearing for next week was ordered on Tuesday by a Manhattan judge as part of a legal challenge against Mayor Bill de Blasio’s COVID-19 vaccine mandate.
The decision is in response to the lawsuit brought by NYPD Detective Anthony Marciano. Supreme Court Judge Frank Nervo has scheduled a hearing for next week to continue arguments against the mandate.
Marciano is arguing that city officials do not have the “legal authority” to enforce a vaccine mandate because state lawmakers have not passed any laws on it.
The detective has been part of the NYPD for ten years and says he has natural immunity to COVID, which is being “disregarded” by the mandate.
On Tuesday, arguments will determine whether a temporary restraining order will be placed to put the mandate on hold.
An attorney for Marciano, Patricia Finn, tweeted a victory of the case, leading many to believe the order was temporarily suspended.
A clarifying order was issued Wednesday to correct the confusion. Nervo stated “The Court received annexed emails from the Counsel in this matter requiring the requested stay”.
“Petitioner’s Counsel is mistaken, the Court has not issued a TRO [temporary restraining order], as clearly evidenced by the Court’s notification that a stay, if any, would be considered on the argument date, as well as the absence of a signature next to the TRO,” he explained.