On the Court's own motion, appeal dismissed,without costs, upon the ground that no substantialconstitutional question is directly involved.Motion for leave to appeal denied with one hundreddollars costs and necessary reproductiondisbursements.Chief Judge DiFiore and Judges Rivera, Stein,Garcia, Wilson and Feinman concur.Judge Fahey dissents and votes to retain the appeal.(Mo. No. 2020-549, Nov. 24, 2020) [My emphasis added.]
Second, under the Court of Appeals' 2006 decision in Catholic Charities v. Serio (7 N.Y.3d 510), New York state constitutional law is no more favorable to religious liberty--maybe even less so. In that case, religious objectors to the state's contraceptive insurance mandate lost a unanimous decision. New York's highest court ruled that those seeking to protect their sincere free exercise rights must bear the burden of showing that the "interference" with their religious liberty is "unreasonable."