Temporary order allowing some restaurants to stay open past 10 p.m. suspended ahead of court date

Posted at 11:08 AM, Feb 10, 2021

BUFFALO, N.Y. (WKBW) — A temporary restraining order that had allowed some restaurants to stay open past 10 p.m. in Western New Yorkhas been suspended by an appellate court judge.

On Wednesday morning, Hon. Patrick H. NeMoyer, an Associate Justice on the New York State Supreme Court's Appellate Division, signed an order to show cause. The order requires attorneys for the nearly 100 restaurants in the initial court case and the state's attorneys to appear in court on February 16th. The restaurants' attorneys must provide additional materials to prove their case. Attorneys from the state will also be allowed to provide additional documentation.

Prior to the February 16th court appearance, the judge issued a stay on the initial temporary restraining order. A stay is an order that temporarily stops another legal proceeding. Effective immediately, the restaurants involved in the case must resume closing at 10 p.m., in accordance with state guidelines for all restaurants.

On Friday, a judge ruled 91 restaurants represented by HoganWillig Attorneys at Law could remain open after 10 p.m.

Attorneys for the 91 restaurants are due back in court on February 16th at 1 p.m., following that court appearance, a judge could still rule to allow them to stay open after 10 p.m.