Read the following excerpt from a US court opinion:
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Natural Res. Def. Council v. Evans, 254 F.Supp.2d 434, 438 (S.D.N.Y. 2003). “The court must consider each mo tion independently of the other and, when evaluating each, the court must consider the facts in the light most favorable to the non-moving party.” Id. (citing Morales v. Quintel Entm’t, Inc., 249 F.3d 115, 121 (2d Cir. 2001)). Plaintiffs’ N.Y. Labor Law § 196-d Tip-Sharing Claim New York Labor Law Section 196-d prohibits any “employer or his agent” from “demanding] or accepting], directly or indirectly, any part of the gratuities, received by an employee, or retaining] any part of a gratuity or of any charge purported to be a gratuity for an employee.” N.Y. Lab. Law § 196-d (McKinney 2002); see Chung v. New Silver Palace Rest., Inc., 246 F.Supp.2d 220, 230 (S.D.N.Y.2002) . The drafters of Section 196-d “sought to end
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the eighth amendment prohibits states from inflicting the death penalty upon a defendant who is insane
B. holding that probation department employees are not county employees
C. holding the mvra prohibits the court from examining the defendants ability to pay restitution
D. holding that the eighth amendment prohibits the state from inflicting the penalty of death upon a prisoner who is insane
E. holding that section 196 d clearly prohibits partowner employees who wield  broad managerial authority from retaining tips
Reply with [A, B, C, D, E] only.