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The state's second largest public employee union sued to block the mandatory vaccinations. The Public Employees Federation says it encourages members to be vaccinated, but opposes the emergency regulation requirement.

The restraint is pending a hearing that will be held October 30.

The New York State Department of Health maintains the health commissioner and State Hospital Review and Planning Council have legal authority for the mandatory regulation.

For local health care workers fighting the mandatory vaccine, this is welcome news. While the ruling only buys them time, some say it is a good start.

It may have been a small victory, but for health care workers like Mary Kuchman, Friday's ruling delaying state mandated flu shots is cause for celebration.

Mary works in the billing department at Highland Hospital and said she has no contact with patients.

"I'm happy there. There was no way I was thinking of leaving," Kuchman said.

After learning she could lose her job if she refused the H1N1 vaccine, Mary took her case to court, joining a federal lawsuit challenging the state mandate.

The New York Civil Liberties Union agrees and said this is a violation of civil rights.

"And this was a case where a regulation was taking that basic right away from somebody. And it needed to be challenged," said Gary Pudup, New York Civil Liberties Union.

Local hospitals like Strong Memorial are still waiting for clarification from the state on how to proceed following this ruling.

"At Strong Memorial, we continue to watch the situation closely, awaiting clarification from the State as to what our obligation is between now and the hearing. Until we receive further guidance, we will continue to make H1N1 and seasonal vaccine available to health care staff on a voluntary basis as we receive additional doses. Health care personnel are still encouraged to receive the vaccines, as they are the most effective method of preventing influenza."

"We have vaccines that are effective, that are safe," said Nancy Adams, Monroe County Medical Society.

The Monroe County Medical Society said if health care workers aren't vaccinated the public would be put at risk.

"You shed virus before you have symptoms so even if a health care worker stays home when they're sick, that's not enough protection," Adams said.

With more court dates ahead, both sides know this fight is far from over. For Mary, it is a fight she now believes she can win.

Kuchman said, "Seeing a little bit of light makes me feel good."

The lawyer representing Kuchman and five others in federal court is now seeking an injunction to stop the nationwide distribution of the H1N1 vaccine. No court date has been set to hear this motion.

New York Public Employees Federation
NYS Department of Health