Opinion
December 11, 1990
Appeal from the Supreme Court, New York County (Leland G. DeGrasse, J.).
Plaintiff, a Jewish civil process server who observes a Saturday Sabbath, challenged the constitutionality of General Business Law § 11 which prohibits the service of process on Sunday with specified exceptions. Section 11 Gen. Bus. of the General Business Law is not an unconstitutional establishment of religion, nor does it violate the equal protection clauses of our State and Federal Constitutions. The statute serves a legitimate State objective in providing a day of rest for its citizens and neither forces plaintiff to observe Sunday Sabbath nor hinders him from observing his own Sabbath (Braunfeld v. Brown, 366 U.S. 599, reh denied 368 U.S. 869; Matter of Shattenkirk v. Finnerty, 97 A.D.2d 51, affd. 62 N.Y.2d 949).
Concur — Murphy, P.J., Sullivan, Carro, Milonas and Rubin, JJ.