(CN) – A New York appeals court dismissed a kosher deli’s claim that the Department of Agriculture and Markets violated religious rights by citing the deli for food-preparation violations. The court based its decision on Commack Kosher Meats and Caterers’ inconsistent arguments and failure to state a claim for which relief could be granted.
“Given the fact that Commack’s opportunity to pursue vindication in district court by way of an appeal or other challenge was not finally foreclosed when claimants commenced the subject claim,” Justice Cardona wrote, “the court of claims correctly found that they failed to state a viable claim for relief.”
Cardona also stated that the “record contains nothing beyond speculation to support their various assertions that defendants acted with intentional malice in pursuing enforcement of then-valid laws.”
In a previous case, New York’s Court of Claims dismissed the deli’s claim that the state harmed its reputation by refusing to expunge the violation from records. In 1999, Commack challenged the constitutionality of the state’s kosher food laws in federal court and won. The 2nd Circuit affirmed the decision.
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