George Garvey, along with several other individuals (collectively, Petitioners) are former NYC Department of Sanitation workers who got fired for their failure to get vaccinated or obtain an approved exemption. They filed a lawsuit pursuant to Article 78 of the New York Civil Practice Law and Rules. They sued NYC, the NYC Department of Health and Mental Hygiene, the NYC Department of Sanitation, the NYC Commissioner of the NY Department of Health and Mental Hygiene and the Mayor of NYC (collectively, Respondents). Judge Ralph J. Porzio issued an order essentially dismissing the Respondent's arguments and accepting most of the Petitioners' arguments. The order commanded that all terminated Petitioners be reinstated on October 25, 2022 and collect back pay from their date of termination. The court held that the vaccination mandate was unlawful. First, it was arbitrary and capricious. The court ... argued that it treated similarly situated people differently without providing evidence to support the unequal treatment. Athletes, performers and artists could be exempted from the vaccination requirement, but the Petitioner could not. The court noted that the Petitioners could continue working while their exemption requests were being processed. Therefore, the court felt that the vaccination mandate was never about public safety. Because if it was, any unvaccinated workers would have immediately been placed on leave until a decision concerning their requests for a coronavirus vaccine exemption.