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COMMACK SELF-SERVICE KOSHER MEATS v. RUBIN

No. 96 CV 0179 (NG).

986 F.Supp. 153 (1997)

COMMACK SELF-SERVICE KOSHER MEATS, d/b/a Commack Kosher, Brian Yarmeisch and Jeffrey Yarmeisch, Plaintiffs, v. Rabbi Schulem RUBIN as Director of the Kosher Law Enforcement Division of the New York State Department of Agriculture and Markets, Defendant, and Hon. Sheldon Sivler, Abe Alper, Jon Greenfield, Jack Lee, Rabbi Moshe Portnoy, Richard Schwartz, Agudath Harabonim of the United States and Canada, Agudath Israel of America, National Council of Young Israel, Rabbinical Alliance of America, Rabbinical Council of America, Torah Umesorah—National Society of Hebrew Day Schools, and the Union of Orthodox Jewish Congregations of America, Defendants-Intervenors.

United States District Court, E.D. New York.

December 15, 1997.

Attorney(s) appearing for the Case

Robert Jay Dinerstein, Dinerstein & Lesser, P.C., Commack, NY, for Commack Self-Service Kosher Meats.

Marion R. Buchbinder, Attorney General's Office, New York City, for Schulem Rubin.

Nathan Lewin, Miller, Cassidy, Larroca & Lewin, Washington, DC, Mark A. Belnick, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Dennis Rapps, New York City, for Sheldon Silver, Abe Alper, Jon Greenfield, Jack Lee, Rabbi Moshe Portnoy, Richard Schwartz, Agudath Harabonim of the U.S. and Canada, Agudath Israel of America, National Council of Young Israel, Rabbinical Alliance of America, Torah Umesorah-National Society of Hebrew Day Schools and Union of Orthodox Jewish Congregations of America.

OPINION AND ORDER

GERSHON, District Judge.

Plaintiffs, Long Island merchants servicing consumers of kosher products, challenge the constitutionality of the New York Agriculture and Markets Law § 201-a, et seq. ("the Kosher Laws"). In December 1996, several Jewish organizations, a rabbi, a competitor of plaintiffs, and individual consumers of kosher products were jointly permitted to intervene as defendants pursuant to Federal Rule of Civil Procedure...

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