In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: Defendants’ Mot. for Summ. Judg. at 22 (“Plaintiffs appear to be claiming that they are entitled to ‘Class of One’ review[.]”)) Furthermore, County Defendants did not explicitly address the appeal issue anywhere in their motion. Given this background, it was not error for the Court to ascribe the “class of one” argument to Plaintiffs’ equal protection challenge, nor was it error for the Court to find that County Defendants had not met their burden on the question of summary judgment. To the extent that County Defendants now contend that Plaintiffs “class of one” argument must fail because no other party has appealed for a waiver, this is a new argument that is not appropriate in a motion for reconsideration. See Haw. Stevedores, Inc. v. HT & T Co., 363 F.Supp.2d 1253, 1269 (D.Haw.2005) (<HOLDING>). Should County Defendants wish to re-visit 
 Holding statements: (A) holding court will generally not consider arguments presented for the first time on appeal (B) holding that reconsideration pursuant to rule 59 cannot be premised on the same arguments presented in the complaint and motions (C) holding that motions for reconsideration are not appropriate if the movant asks the court to hear new arguments or supporting facts that could have been presented originally (D) holding that reconsideration may not be based on evidence and legal arguments that could have been presented at the time of the challenged decision (E) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration
[A]: (D)


[Q]: in ways that create a substantial risk of producing or exacerbating personal injury to her child, to exercising too much or too little, indeed to engaging in virtually any injury-prone activity that, should an injury occur, might reasonably be expected to endanger the life or safety of the child. Such ordinary things as skiing or horseback riding could produce criminal liability. If the State’s position were to prevail, there would seem to be no clear basis for categorically excluding any of those activities from the ambit of the statute; criminal liability would depend almost entirely on how aggressive, inventive, and persuasive any particular prosecutor might be. Kilmon v. State, 394 Md. 168, 177-78, 905 A.2d 306, 311-12 (Ct.App.2006). Additionally, the State’s suggested con 0 (1992) (<HOLDING>); People v. Morabito, 151 Misc.2d 259, 580 
 Holding statements: (A) holding an unborn viable fetus is not a human being under the new mexico child abuse statute and the mothers use of cocaine during pregnancy was not child abuse (B) holding a criminal charge of endangerment of a child does not apply to a pregnant woman who ingests an illegal substance that results in the transmission of drugs to her child through the umbilical cord (C) holding ohios child endangerment statute does not apply to mothers who abuse drugs during pregnancy (D) recognizing the unique relationship between mother and child during pregnancy and birth and permitting mothers claim for emotional distress where the mothers emotional wellbeing and the birth of the child are inextricably intertwined (E) holding child abuse statute clearly did not apply to fetuses and therefore did not apply to a mother who ingested cocaine during pregnancy
[A]: (C)


[Q]: discrimination on the basis of his disability, in violation of the ADA and NYHRL. Falardo, who was a PBA representative, also claims that after he helped negotiate the contract with the City of New York creating the VSF, the Code was altered from covering police officers who retire “from service” to those who retire “for service,” rendering those electing Disability Retirement ineligible for VSF benefits. Falardo alleges that this change in the statutory language constitutes fraud. B. PRIOR PROCEEDINGS The validity of the VSF statutory scheme (the “Scheme”) and the method by which it distributes funds has been extensively challenged in both state and federal actions under a variety of theories. See Castellano v. City of New York, 142 F.3d 58, 74 (2d Cir.1998) (“Castellano II ”) (<HOLDING>), cert. denied, 525 U.S. 820, 119 S.Ct. 60, 142 
 Holding statements: (A) holding that because the federal arbitration act 9 usc 1 et seq preempts michigans lemon law mcl 2571401 et seq the plaintiffs lemon law claim should have been resolved through binding arbitration (B) holding that prejudgment interest ordinarily should be awarded on damages pursuant to claims under the copyright act of 1909 17 usc  1 et seq 1976 ed superceded by the copyright act of 1976 17 usc  101 et seq (C) holding that the plaintiffs state commonlaw tort claims were preempted by the national motor vehicle safety act 15 usc 1381 et seq (D) holding that denial of vsf benefits to disabled retirees does not violate the ada the rehabilitation act 29 usc  791 et seq or the age discrimination in employment act of 1967 29 usc  621 et seq and that plaintiffs due process and first amendment claims were frivolous (E) holding that the age discrimination in employment act adea 29 usc  621 et seq was not a valid abrogation of the states sovereign immunity
[A]:
(D)