{"id":"SEC-25-012","kind":"order","level":"court","jurisdiction":"New York (United States District Court for the Northern District of New York)","state":"NY","metro":"","industry":"25","agency":"","eco":"","issuer":"Chief Judge Glenn T. Suddaby, N.D.N.Y.","authority":"42 U.S.C. s. 1983; Fed. R. Civ. P. 65","instrument":"DiMartile v. Cuomo, No. 1:20-CV-0859 (GTS/CFH), Decision and Order granting a preliminary injunction (Doc. 20, Aug. 7, 2020)","title":"DiMartile v. Cuomo - Decision and Order on Plaintiffs\u0027 motion for a preliminary injunction enjoining enforcement of the 50-person limit on non-essential gatherings, including weddings","dateIssued":"2020-08-07","effective":"2020-08-07 (injunction as to the plaintiffs\u0027 two weddings at the Arrowhead Golf Club venue); stayed by the Second Circuit pending appeal (Aug. 2020; the stay order is not saved here)","end":"The underlying 50-person cap (EO 202.45, NY-031) continued for all other weddings until the catered-events rule of Mar. 15, 2021 (NY-108 s. E)","startDate":"2020-08-07","endDate":"2021-03-15","quarters":["2020Q3"],"types":["GATH","EVT","CRT"],"addressees":["Governor Cuomo","Attorney General James","Erie County Executive and Department of Health","Empire State Development Corp."],"clause":"Plaintiffs\u0027 motion for a preliminary injunction enjoining Defendants from enforcing a 50-person limit on non-essential gatherings, including weddings... is granted... [Plaintiffs argued that] a wedding venue, when operating as a restaurant under Defendants\u0027 50-percent capacity restriction, is permitted to hold more than 50 people at a time (and thus failing to allow more than 50 people when the same venue is used for a wedding is arbitrary)","enforcement":"Court order; the record shows the State enforced the 50-person wedding cap against every other venue","functions":["PL","VN","FL","PH","EN","AV","CB"],"notes":"Judicial record that New York\u0027s 50-person cap applied to weddings by its terms and that the State defended and enforced it in August 2020; the decision recites EO 202.45\u0027s \u0027gatherings of fifty (50) or fewer individuals\u0027 and the wedding venues\u0027 restaurant capacity of \u0027approximately 200 people\u0027. Twenty-five pages.","sourceUrl":"https://www.govinfo.gov/content/pkg/USCOURTS-nynd-1_20-cv-00859/pdf/USCOURTS-nynd-1_20-cv-00859-0.pdf","snapshot":"","fileExists":true,"fileBytes":254767,"grade":"primary","character":"","description":"","collection":"SEC-25","url":"/library/SEC-25-012","exhibitUrl":"/exhibit/SEC-25-012","citation":"Chief Judge Glenn T. Suddaby, N.D.N.Y, DiMartile v. Cuomo, No. 1:20-CV-0859 (GTS/CFH), Decision and Order granting a preliminary injunction (Doc. 20, Aug. 7, 2020) (Ex. SEC-25-012)","stateName":"New York","related":["NY-031","NY-108"]}