GAZZOLA v. HOCHUL

1:22-cv-1134 (BKS/DJS).

645 F.Supp.3d 37 (2022)

Nadine GAZZOLA, individually, and as co-owner, President, and Bureau of Alcohol, Tobacco, Firearms, and Explosives Federal Firearms Licensee ("BATFE FFL") Responsible Person for Zero Tolerance Manufacturing, Inc., Seth Gazzola, individually, and as co-owner, Vice President, and BATFE FFL Responsible Person for Zero Tolerance Manufacturing, Inc., John A. Hanusik, individually, and as owner and BATFE FFL Responsible Person for AGA Sales, Jim Ingerick, individually, and as owner and BATFE FFL Responsible Person for Ingerick's, LLC, d/b/a Avon Gun & Hunting Supply, Christopher Martello, individually, and as owner and BATFE FFL Responsible Person for Performance Paintball, Inc., d/b/a Ikkin Arms, Michael Mastrogiovanni, individually, and as owner and BATFE FFL Responsible Person for Spur Shooters Supply, Robert Owens, individually, and as owner and BATFE FFL Responsible Person for Thousand Islands Armory, Craig Serafini, individually, and as owner and BATFE FFL Responsible Person for Upstate Guns and Ammo, LLC, Nick Affronti, individually, and as BATFE FFL Responsible Person for East Side Traders LLC, and, Empire State Arms Collectors, Inc., Plaintiffs, v. Kathleen HOCHUL, in her official capacity as Governor of the State of New York, Steven A. Nigrelli, in his official capacity as the Acting Superintendent of the New York State Police, Rossana Rosado, in her official capacity as the Commissioner of the Department of Criminal Justice Services of the New York State Police, and Letitia James, in her official capacity as the Attorney General of the State of New York, Defendants.

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

Signed December 7, 2022.


Attorney(s) appearing for the Case

For Plaintiffs: Paloma A. Capanna , Law Office of Paloma A. Capanna, P.C., 106-B Professional Park Drive, Beaufort, North Carolina 28516.

For Defendants: Letitia James , Attorney General of the State of New York, Aimee Cowan , Timothy P. Mulvey , Assistant Attorneys General, 300 South State Street, Suite 300, Syracuse, New York 13202.


MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

On November 1, 2022, Plaintiffs initiated an action under 42 U.S.C. §§ 1983, 1985 against Defendants Kathleen Hochul, in her official capacity as Governor of the State of New York, Steven Nigrelli, in his official capacity...

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