The flu-shot requirement is illegal, the Manhattan Appellate Division ruled, because the city "impermissibly crossed into the legislative sphere" when it decided pre-school and kindergarten-aged children must be injected — or be barred from attending the programs.
A group of five moms brought suit in Nov. 2015, contesting the policy.
Thursday's decision upheld a lower court's ruling but cited different reasons.
State Supreme Court Justice Manuel Mendez ruled in December 2015 that the Department of Health had faltered in adopting the rule because state law gives the state Health Department power over which diseases it decides require mandatory vaccination.
New York State currently requires shots for rubella, mumps and measles.
While the five-judge panel said city officials could adapt local regulations to include a flu shot, they deemed the rule problematic, as it only applies to around 20 percent of facilities that serve the New York City's tots.
"The Board of Health did not merely balance costs and benefits but instead improperly made value judgements by creating a regulatory scheme with exceptions not grounded in promoting public health," the judges said.
"The Board's rulemaking was appropriate and in the best interest of the public health," said a spokesman with the City law department. He added the city was "weighing our options," when asked if they would appeal.
State laws still require kids aged two months to 18 years to be inoculated against rubella, mumps, and measles - unless they pose medical danger to the child or violate religious tenants.
The city said it is "weighing [its] options" in terms of a possible appeal.
The pro vaccine crowd will tell you how safe they are, but they will never talk about all the people injured by them. The HPV vaccine has been injuring and killing young women, yet you never hear about that. Now there have been scientists calling for this junk to be given to infants. Thimerosal is a known carcinogen, teratogen, and mutagen it's metabolized into methylmercury and retained in the physical tissue. The flu vaccine contains the most thimerosal and injury's the most people, anyone heard of THE MAD HATTER? Yet the WHO and the CDC tells us how safe vaccines are. No wonder the drug company Rep's refer to doctors as their DRUG WHORES. The FDA and the CDC are bought and paid for by the pharmaceutical companies. Before the current FDA commissioner was appointed, it was known he had financial ties to 23 drug companies. But I'm sure there was no conflict of interest there. Who would ever think that someone with deep ties to a number of drug companies would do nothing but a stellar job in protecting the public. WAKE UP AMERICA!