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COMMACK SELF-SERVICE KOSHER MEATS, INC. v. HOOKER

Docket No. 11-3517-cv.

680 F.3d 194 (2012)

COMMACK SELF-SERVICE KOSHER MEATS, INC., d/b/a Commack Kosher Deli and Market, a/k/a Commack Kosher, Brian Yarmeisch, Jeffrey Yarmeisch, Evelyn Yarmeisch, Plaintiffs-Appellants, v. Patrick HOOKER, Commissioner of the Department of Agriculture and Markets of the State of New York, Luzer Weiss, Rabbi, Director of the Kosher Law Enforcement Division, Department of Agriculture and Markets of the State of New York, Defendants-Appellees, State of New York, Defendant.

United States Court of Appeals, Second Circuit.

Decided: May 10, 2012.

Attorney(s) appearing for the Case

Robert Jay Dinerstein , Robert Jay Dinerstein, P.C., Commack, NY, for Plaintiffs-Appellants.

Brian A. Sutherland , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Cecilia C. Chang , Deputy Solicitor General, Robert C. Weisz , Assistant Solicitor General, on the brief), Eric T. Schneiderman , Attorney General of the State of New York, New York, NY, for Defendants-Appellees.

Before: WALKER, LYNCH, and DRONEY, Circuit Judges.

DRONEY, Circuit Judge:

Plaintiffs-Appellants Commack Self-Service Kosher Meats, Inc., d/b/a Commack Kosher Deli and Market, a/k/a Commack Kosher ("Commack Kosher"), Brian Yarmeisch, Jeffrey Yarmeisch, and Evelyn Yarmeisch (collectively with Commack Kosher, "the plaintiffs") challenged the constitutionality of New York State's kosher labeling and marketing statutes, enacted as the Kosher Law Protection Act of 2004 (the "Kosher Act" or "Act"). See Markets and...

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