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AGUDATH ISRAEL OF AMERICA v. CUOMO

Docket Nos. 20-3572 20-3590.

983 F.3d 620 (2020)

AGUDATH ISRAEL OF AMERICA, Agudath Israel of Kew Garden Hills, Agudath Israel of Madison, Agudath Israel of Bayswater, Rabbi Yisroel Reisman, Rabbi Menachem Feifer, Steven Saphirstein, Plaintiffs-Appellants, v. Andrew M. CUOMO, Governor of the State of New York, in His Official Capacity, Defendant-Appellee. The Roman Catholic Diocese of Brooklyn, New York, Plaintiff-Appellant, v. Governor Andrew M. Cuomo, in His Official Capacity, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 28, 2020.

Attorney(s) appearing for the Case

Avi Schick ( W. Alex Smith , Misha Tseytlin , on the brief), Troutman Pepper Hamilton Sanders LLP, New York, NY & Chicago, IL, for Plaintiffs-Appellants in 20-3572.

Randy M. Mastro ( Akiva Shapiro , William J. Moccia , Lee R. Crain , on the brief), Gibson, Dunn & Crutcher LLP, New York, NY, for Plaintiff-Appellant in 20-3590.

Brian D. Ginsberg ( Barbara D. Underwood , Solicitor General, Andrea Oser , Deputy Solicitor General, Dustin J. Brockner , Assistant Solicitor General, on the brief), for Letitia James , Attorney General of the State of New York, Albany, NY, for Defendant-Appellee in 20-3572 & 20-3590.

Before: Livingston, Chief Judge, Park and Menashi, Circuit Judges.

In response to the COVID-19 pandemic, the Governor of New York issued an executive order limiting the maximum allowable occupancy in "houses of worship" in certain "zones" to 10 or 25 people. Other businesses that the Governor considers to be "essential," however, face no such restrictions. Appellants Roman Catholic Diocese...

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