CATHOLIC CHARITIES OF THE DIOCESE OF ALBANY et al., Appellants,
v.
GREGORY V. SERIO, as Superintendent of Insurance, Respondent.
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
January 12, 2006.
January 12, 2006.
Attorney(s) appearing for the Case
Tobin & Dempf, L.L.P., Albany (Michael L. Costello of counsel), for appellants.
Eliot Spitzer, Attorney General, New York City (Shaifali Puri of counsel), for respondent.
Hancock & Estabrook, L.L.P., Syracuse (John G. Powers of counsel), for United States Conference of Catholic Bishops and others, amici curiae.
Wilmer Cutler Pickering Hale & Dorr, L.L.P., Washington, D.C. (A. Stephen Hut Jr. of counsel), for American College of Obstetricians and Gynecologists and others, amici curiae.
Diana Kasdan, American Civil Liberties Union Foundation, for American Civil Liberties Union Foundation, and Anna Schissel, New York Civil Liberties Union Foundation, for New York Civil Liberties Union Foundation, New York City, amici curiae.
Eve C. Gartner, Planned Parenthood Federation of America, New York City, for American Jewish Congress and others, amici curiae.
Mordechai Biser, Agudath Israel of America, New York City, for Agudath Israel of America, amicus curiae.
PETERS and CARPINELLO, JJ., concur with MERCURE, J.; CARDONA, P.J., and SPAIN, J., dissent in a separate opinion by CARDONA, P.J.
Appellate Division of the Supreme Court of the State of New York, Third Department.
OPINION OF THE COURT
MERCURE, J.
This appeal presents constitutional and statutory questions flowing from a legislative enactment requiring employers that provide group insurance coverage for prescriptions to include prescription contraceptives in that coverage. The appeal is brought by a number of employers that are all religious organizations, but that do not...
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