Catholic Charities of the Diocese of Albany, et. al. v. Serio: Appellate Division Opinion

Appeal from an order of the Supreme Court (Lamont, J.), entered December 2, 2003 in Albany County, which, inter alia, granted defendant's cross motion for summary judgment dismissing the complaint.

This appeal presents constitutional and statutory questions flowing from a legislative enactment requiring employers that provide group insurance coverage for prescriptions to include prescription contraceptives in that coverage. The appeal is brought by a number of employers that are all religious organizations, but that do not qualify for the narrow statutory exemption for "religious employers."