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CHRYSAFIS v. MARKS

Docket No. 21-1493 August Term 2021.

15 F.4th 208 (2021)

Pantelis CHRYSAFIS, Betty S. Cohen, Brandie Lacasse, Mudan Shi, Feng Zhou, Plaintiffs-Appellants, v. Lawrence K. MARKS, in his official capacity as Chief Administrative Judge of the Courts of New York State, Adrian H. Anderson, in his official capacity as Sheriff of Dutchess County, New York, James Dzurenda, in his official capacity as Sheriff of Nassau County, New York, Joseph Fucito, in his official capacity as Sheriff of New York City, New York, Margaret Garnett, in her official capacity as Commissioner of New York City Department of Investigation, Caroline Tang-Alejandro, in her official capacity as Director, Bureau of Marshals, New York City Department of Investigation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 29, 2021.

Attorney(s) appearing for the Case

Randy M. Mastro , New York, NY ( Akiva Shapiro , Jessica Benvenisty , William J. Moccia , Lauren Myers , Gibson, Dunn & Crutcher LLP, New York, NY, on the brief), for Plaintiffs-Appellants Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou, and Rent Stabilization Association of N.Y.C., Inc.

Steven C. Wu , Deputy Solicitor General, New York, NY ( Letitia James , Attorney General, Barbara D. Underwood , Solicitor General, Judith N. Vale , Assistant Deputy Solicitor General, Linda Fang , Assistant Solicitor General of Counsel, New York State Office of the Attorney General, New York, NY, on the brief), for Defendant-Appellee Lawrence K. Marks.

( Edward Josephson , Roland Nimis , Legal Services NYC, New York, NY, Judith Goldiner , Ellen Davidson , Amber Marshall , The Legal Aid Society, New York, NY, for amicus curiae Housing Court Answers and Make the Road NY, in support of Defendants-Appellees.)

Before: NEWMAN, CABRANES, and WESLEY, Circuit Judges.

This appeal concerns a challenge to Part A ("Part A 2020") of New York's residential eviction moratorium statute, the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 ("CEEFPA"), 2020 N.Y. Laws Ch. 381, and an attempt to challenge the new residential eviction moratorium, which is Subpart A of Part...

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