New York is in the 2nd circuit, which means such appeals have to go through Sotomayor, who can choose to offer it to the court or not. If she would have, it would have taken four justices to agree to hear it for it to be accepted.
Chicago, btw, is justice Stevens.
That isn't how the cert petition process works at the U.S. Supreme Court. If any four Justices had wanted to hear this case, cert would have been granted.
Justice Stevens, btw, retired from the Court nearly two years ago.