Judge tosses suit fighting proof of vaccination at indoor settings

Stick a fork in it.

A suit opposing the city’s mandate requiring proof of COVID-19 vaccination at city restaurants and other establishments was tossed out by a judge Friday.

The group of eateries and businesses tried to challenge an executive order issued last month by Mayor Bill de Blasio, who said the city would start fining certain indoor establishments that don’t enforce a vaccine mandate beginning on Sept. 13.

Manhattan Supreme Court Justice Lizette Colon found that the suit was filed under a particular section of the law, called Article 78 — but that it doesn’t meet the legal standard for that section since de Blasio isn’t an administrative agency.

Still, Colon questioned whether the mayor overstepped his authority in issuing the mandate but said the suit didn’t address those issues.

“The mayor of New York City’s actions during this pandemic raise many questions,” the decision reads.

Colon said one of those questions is whether a city mayor, rather than the state government, can force vaccinations. “Yet it, like so many other arguments, was not argued here,” the ruling said.

Plaintiff lawyer Louis Gelormino told The Post, “While we certainly respect the judge’s decision, we disagree with it.

“This matter will continue in federal court,” Gelormino said, noting that businesses would file a similar suit in a new jurisdiction.

A spokesperson with the city Law Department said, “The city is pleased the case has been dismissed. 

“Vaccination unlocks everything New York City has to offer and will help us recover from this pandemic.”