The Two Court Rulings
On July 31, 2019, the trial court judge found in favor of DFS. He ruled that the amended Reg 187 is not unconstitutional. The trial court ruling is here.
The petitioners appealed the trial court ruling in the Appellate Division (Third Department) of the New York State Supreme Court. On April 29, 2021, an appellate division judge, with the concurrence of several other judges, reversed the trial court's ruling by finding that the amended Reg 187 is unconstitutional. The appellate division ruling is here.
The appellate division ruling is a setback for DFS. Reading the two rulings is necessary to understand the significance of the case. According to news reports, DFS is reviewing the appellate division ruling. I plan to provide updates on this case.