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MOXIE OWL, INC. v. CUOMO

1:21-cv-194 (MAD/DJS).

527 F.Supp.3d 196 (2021)

MOXIE OWL, INC., doing business as the Yard Hatchet House & Bar, Plaintiff, v. Andrew CUOMO, in his official capacity as the Governor of the State of New York; Vincent G. Bradley, in his official capacity as the Chairman of the New York State Liquor Authority; Lily M. Fan, in her official capacity as the Commissioner of the New York State Liquor Authority; and Greeley T. Ford, in his official capacity as the Commissioner of the New York State Liquor Authority, Defendants.

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

Signed March 18, 2021.

Attorney(s) appearing for the Case

OF COUNSEL: JAMES C. KNOX, ESQ., JULIE A. NOCIOLO, ESQ., E. STEWART JONES HACKER MURPHY, LLP, 28 Second Street, Troy, New York 12180, Attorneys for Plaintiff.

OF COUNSEL: ANDREW W. KOSTER, AAG, OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL, The Capitol, Albany, New York 12224, Attorneys for Defendants.

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

On February 19, 2021, Plaintiff commenced this action seeking redress against Defendants due to the imposition and enforcement of an allegedly unconstitutional prohibition against serving alcohol at axethrowing establishments in violation of...

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