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MATTER OF O'BRIEN v. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES

261 A.D.2d 477 (1999)

690 N.Y.S.2d 122

In the Matter of MICHAEL O'BRIEN, Appellant, v. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 10, 1999.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly found that 18 NYCRR 370.2 (d) (7) (ii), which was in effect at the time the determination was made, did not violate the petitioner's first amendment right to the free exercise of religion, as "[a] generally applicable and otherwise valid enactment, which is not intended to regulate religious conduct or beliefs but which may incidentally burden...

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