LUKE'S CATERING SERVICE, LLC v. CUOMO

20-CV-1086S.

485 F.Supp.3d 369 (2020)

LUKE'S CATERING SERVICE, LLC, d/b/a Lucarelli's Banquet Center, Buffalo Road Catering, Inc., d/b/a Avanti Mansion, Clinical Research Solutions, Inc., d/b/a Notting Hill Farm, Kloc's Grove Incorporated, Rosebud Stables, LLC, d/b/a Rosebud Estate Weddings, and O.P.T. Marketing, Inc., d/b/a O'Brien's Sleepy Hollow, Plaintiffs, v. Andrew M. CUOMO, In his official capacity as Governor of the State of New York, Letitia A. James, In her official capacity as the Attorney General of the State of New York, Empire State Development Corporation, Erie County Department of Health, and Cattaraugus County Department of Health, Defendants.

United States District Court, W.D. New York.

Signed September 10, 2020.


Attorney(s) appearing for the Case

Nicholas Paul DeMarco , The Tarantino Law Firm, LLP, Buffalo, NY, for Plaintiffs.

George Michael Zimmermann , Joel J. Terragnoli , New York State Attorney General, Michelle M. Parker , Erie County Department of Law, Marylou Kathryn Roshia , Colucci & Gallaher, P.C., Buffalo, NY, for Defendants.


DECISION AND ORDER

I. INTRODUCTION

When faced with a society-threatening epidemic, state officials are empowered to implement emergency protective measures that infringe federal constitutional rights. They may generally do so at their sole discretion and for so long as is necessary...

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