DIMARTILE v. Erie County Department of Health, Mark C. Poloncarz, Defendants. (2020)

United States Court of Appeals, Second Circuit.

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

20-2683

Decided: September 08, 2020

Present: Debra Ann Livingston, Chief Judge, John M. Walker, Jr., Dennis Jacobs, Circuit Judges.

Phillip A. Oswald, Esq., Rupp Baase Pfalzgraf Cunningham LLC, Saratoga Springs, NY, Rowland A. Rupp, III, Esq., Rupp Baase Pfalzgraf Cunningham LLC, Buffalo, NY, for Plaintiffs-Appellees Frederick A. Brodie, Esq., New York State Office of the Attorney General Division of Appeals & Opinions, Albany, NY, for Defendants-Appellants

Appellants move for a stay pending appeal of the district court's August 7, 2020 preliminary injunction barring them from enforcing a fifty-person limit on the size of gatherings against the Plaintiffs at their wedding. Appellees oppose a stay. Upon due consideration, it is hereby ORDERED that the motion is GRANTED and the preliminary injunction is STAYED. See In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007). It is further ORDERED that this matter be placed on an expedited calendar. The Clerk of Court is directed to set a briefing schedule in consultation with the parties.

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