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Bad news for the restaurants that sued New York State and Governor Cuomo to stay open past 10 pm. Today, Wednesday, February 10, 2021, an appellate judge shut down the 90 WNY restaurants, literally. The restaurants were temporarily allowed to stay open past 10 pm, but now they must close at 10 pm, according to Channel 4. Appellate Division Justice Patrick NeMoyer made the decision, but there will be another hearing on Tuesday.

According to WIVB, the decision affects plenty of Valentine's Day plans for this weekend. Brandon Carr, the owner of the Quarter said,

“I have reservations already booked up for the entire weekend. We were taking later reservations, because it’s a holiday weekend, up until midnight. We have purchased so much specialty food that we were going to be using for these Valentine’s Day dinners. I’m going to have to call and cancel, and try to move around as many as possible to see if we can fit them into certain windows.”

 

Restaurants Sue Cuomo, New York State Over Covid-19 Restrictions

Here are the restaurants that were listed as petitioners in the original suit, which were allowed to temporarily reopen, up until today.

PATRICK M. GALLIVAN, NEW YORK STATE SENATOR,
A.C. + J RESTAURANT, INC. d/b/a THE PEPPERMILL RESTAURANT,
ALFIERI DUQUIN, INC.,
AMHERST PIZZA & ALE HOUSE, INC.,
BANCHETTI BY RIZZOS, INC., d/b/a BANCHETTI BY RIZZO'S,
BILL SHAFLUCAS, LLC, d/b/a BREW BUS BUFFALO and
DJ TRIVIA OF WNY,
BOTTOMS UP V, LLC d/b/a BOTTOMS UP,
BUFFALO'S BEST CATERING, LLC,
BUFFALO GRILL N ALE HOUSE, LLC d/b/a, BUFFALO
GRILL N ALE HOUSE,
BVPK, INC.,
CAMPFIRE GRILL II, INC,
CARJONS RESTAURANT GROUP, INC. d/b/a SHARE PETITION AND
KITCHEN + BAR ROOM, COMPLAINT
CHICK'S RESTAURANT AND LANES, INC.,
COWBOY OF CHIPPEWA, INC., d/b/a THE COWBOY Index No.
COLONIE LOUNGE, INC. d/b/a COLONIE LOUNGE,
CRITCHEN, LLC, d/b/a THE CRITCHEN,
DA BADA, INC. d/b/a BADABING BAR AND GRILL,
DADDY GOO GOO, LLC, d/b/a CASA DI FRANCESCA'S,
DDF RESTAURANTS, INC. d/b/a DUFF'S FAMOUS WINGS,
DON BENOIT d/b/a PRESCOTT'S PROVISIONS,
DVS PROPERTIES, LLC,
D&R KAZ, INC. d/b/a KAZ'S BAR,
EXPO MARKET, INC.,
GALLERY EVENTS, LLC d/b/a VENU,
GABRIEL'S GATE, INC.,
GERTIES, INC. d/b/a GERTIE'S RESTAURANT,
GREEK TO ME RESTAURANT, LLC, d/b/a GREEK TO ME
RESTAURANT,
GYPSY BOHEMIAN GROVE BAR, INC.,
HUTCH & ASSOCIATES, INC., d/b/a HUTCH'S RESTAURANT
ICE HOUSE PUB, LLC, d/b/a ICE HOUSE PUB,
JMB ENTERPRISES OF ERIE, INC. d/b/a MURPH'S WARSAW GRILL,
JOHN DOE CORP.,
KFEATHER5, LLC d/b/a DUFF'S FAMOUS WINGS,
KMT MANAGEMENT, INC. d/b/a BUFFALO BREW PUB,
KELLY'S KORNER, INC.,
KOOKOOVAYIA, LLC, d/b/a DUFFS OF ORCHARD PARK,
LADY BIRDS RESTAURANTS, LLC d/b/a THE BAYOU,
LOCAL BUFFALO, LLC,
LOCAL GRILLE & CATERING, LLC,
LYONS, BIGGANE, INC. d/b/a THE BYRD HOUSE RESTAURANT,
MALBEAT INC., d/b/a MALLWITZ'S ISLAND LANE,
MAMBRINO KING WINE-COFFEE BAR, LLC,
MANFURT & TORALTI RESTAURANTS, INC.,
MARY SANTARINI d/b/a LONDA'S DINER,
MATILDA BIRD, LLC d/b/a THE GLOBE,
MCCANS, INC. d/b/a MOONEY'S SPORTS BAR & GRILL,
MGPUBLIC, LLC,
MIKEYCATIE, INC. d/b/a ROOKIES SPORTS BAR
MKC RESTAURANTS, LLC d/b/s NEAT,
MPR RESTAURANTS WNY, Inc. d/b/a SCHNITZEL & CO.,
MUSTANG SALLYS SPIRITS AND GRILL, INC. d/b/a NY SHOWGIRLS,
MY TOMATO PIE, INC.,
OVERPASS PUB, LLC d/b/a OVERPASS PUB,
PHARAOHS GC, INC.,
RADCOL, INC. d/b/a RADIGAN'S,
RAPHAEL'S CORP. d/b/a RAPHAEL'S,
RIZOTTO, INC., d/b/a RIZOTTO ITALIAN EATERY,
RIZZO'S CASA DI ITALIA, INC., d/b/a RIZZO'S CASA DI ITALIA,
RUSSELL M. BRAUN, INC. d/b/a SMOKIN LITTLE DINER
SANTORA'S PHASE II, LLC,
SANTORA'S PIZZA PUB AND GRILL, INC.,
SCOTT A. JARGIELLO d/b/a CAMPFIRE GRILL,
SCHWEIS SPRINGER, LLC, d/b/a EBENEZER ALE HOUSE
SHOWNY, LLC d/b/a SCULPTURE HOSPITALITY OF WNY,
SMITH BUDUSON, INC. d/b/a ROBBIE'S BAR AND GRILL,
SPORTS CITY PIZZA PUB, INC. d/b/a SPORTS CITY PIZZA PUB,
STEEL CITY PUB, INC. d/b/a STEEL CITY PUB,
SUNNY'S DRIVE IN, INC., d/b/a NINA'S CUSTARD,
SUNNY'S DRIVE IN TRANSIT, INC.,
TACO COCINE ELLICOTT, LLC d/b/a DEEP SOUTH TACO,
TACO COCINE HERTEL, LLC d/b/a DEEP SOUTH TACO,
TANTALUS, LLC, d/b/a THE YELLING GOAT RESTAURANT,
TBF ENTERPRISES, INC.,
TETON SKY CORP. d/b/a TETON KITCHEN and
TETON KITCHEN ELMWOOD,
THE DEFIELDS CORP. d/b/a
THE FIRE HOUSE SPORTS BAR & GRILL,
THE HOWLING ROOSTER, LLC,
THE ORIGINAL PANCAKE HOUSE OF ORCHARD PARK, INC.,
THE ORIGINAL PANCAKE HOUSE OF WILLIAMSVILLE, INC.,
TRACY STREET PRODUCTIONS, INC.,
WILLIAM JAMES DEVELOPMENT CORP. d/b/a RODNEY'S RESTAURAN
WNY BEER CLUB, LLC d/b/a RUSTY NICKEL BREWING CO.,
WNY RESTAURANT SYSTEM d/b/a DUFF'S FAMOUS WINGS,
3G ENTERTAINMENT, INC., d/b/a MANOR LANES,
23 S. BUFFALO ST., INC. d/b/a THE POUR HOUSE BAR AND GRILL
99 BRICK OVEN BAR AND GRILLE, LLC,
3989 MAIN STREET, INC. d/b/a, BRUNNER'S TAVERN,
5111 GENESEE ST., INC. d/b/a SCORES,
5786 TRANSIT RD., INC. d/b/a FIELDSTONE COUNTRY INN, and

Source: WIVB

WKBW also lists the following restaurants as included in the suit:

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