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DIMARTILE v. HOCHUL

Docket No. 21-2988-cv August Term, 2022.

80 F.4th 443 (2023)

Jenna M. DIMARTILE, Justin G. Crawford, Pamella Giglia, Joe Durolek, David Shamenda, Plaintiffs-Appellants, v. Kathleen HOCHUL, Letitia James, Mark C. Poloncarz, Empire State Development Corporation, Erie County Department of Health, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 15, 2023.

Attorney(s) appearing for the Case

R. Anthony Rupp III ( Phillip A. Oswald , on the brief), Rupp Baase Pfalzgraf Cunningham LLC, Buffalo, N.Y., for Plaintiffs-Appellants.

Frederick A. Brodie ( Barbara D. Underwood , Solicitor General, Andrea Oser , Deputy Solicitor General, on the brief), for Letitia James , Attorney General for the State of New York, Albany, N.Y., for Defendants-Appellees Kathleen Hochul, Letitia James, and Empire State Development Corporation.

Erin Molisani , Erie County Department of Law, Buffalo, N.Y., for Defendants-Appellees Mark C. Poloncarz and Erie County Department of Health.

Before: Livingston, Chief Judge, Carney and Bianco, Circuit Judges.

Plaintiffs are five individuals—two couples, each engaged to be married when they filed suit, and a New York-based minister. During the summer of 2020, the five brought a constitutional challenge to New York regulations issued earlier that year in response to the COVID-19 pandemic, limiting to fifty the number of attendees...

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