Supreme Court of the State of New York
Appellate Division, Fourth Department
PATRICK M, GALLIVAN, ef al. Index No. 801046/2021 (Erie)
Plaintisis-Petitioners
CA 21
v
ORDER TO SHOW CAUSE
ANDREW M. CUOMO, et al.
Defendants-Respondents February 10, 2021
Upon the affirmation of Sarah L. Rosenbluth, Esq., dated February 9, 2021, together with
the exhibits thereto, and the affidavit of Debra S. Blog, M.D., M.P.H., sworn February 9, 2021,
together with the exhibits thereto,
LET plaintifis-petitioners show cause before this Court on February 16, 2021, at 1:
the afternoon, or as soon thereafter as counsel may be heard, why an order pursuant to CPLR.
5704 (a) should not be made vacating or modifying the temporary restraining order of the
‘Supreme Court (Timothy J. Walker, J.), entered February 5, 2021 in Erie County, and for such
other relief as this Court may deem just and appropriate; and
Sufficient reason appearing therefor, it is hereby ORDERED that the said temporary
restraining order is stayed pending determination of the motion brought on by this order to show
cause; and
Itis hereby further ORDERED that a copy of this order to show cause, together with the
submissions upon which it is based, shall be served upon counsel for plaintiffs-petitioners by
email at the email addresses listed on page 33 of attorney Rosenbluth’s affirmation not later than
12:00 noon on February 10, 2021, and that such service shall be deemed good, proper, and
sufficient service as to each such plaintiff-pettioner, and
It is hereby further ORDERED that opposition papers, if any, shall be filed by email and
served by email upon counsel for defendants-respondents not later than 9:30 in the forenoon on
February 16, 2021; and2
Ati hereby further ORDERED that counsel shall appear for oral argument before the
undersigned by Zoom on February 16, 2021 at 1:00 in the afternoon, the instructions for which
will be disseminated to the parties by forthcoming email.
(sien HeMerger
. Patrick H. NeMoyer
Associate Justice
2fjo/aex