The City and the State are precluded by NY Constitution, article X, § 5, and Racing, Pari-Mutuel Wagering and Breeding Law § 614 from assuming the legal obligation to pay the NYC OTB retirees' health insurance benefits. Thus, plaintiffs cannot show a probability of success on the merits or otherwise meet the "heightened standard" governing their application for a mandatory preliminary injunction (see Second on Second Café, Inc. v Hing Sing Trading, Inc....
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