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Carl J. Schwartz Jr., Kerri W. Schwartz v. Andrew Cuomo, Howard Zucker
A Special Proceedings - Cplr Article 78 case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Yates County, NY. Judge William K Taylor presiding.
Case Details
Case Number
Filing Date
October 24, 2020
Last Refreshed
October 10, 2023
Filing Location
Yates County, NY
Category
Special Proceedings - CPLR Article 78
Practice Area
Administrative
Matter Type
Agency Action
Status
Closed
Overview
This proceeding is brought pursuant to CPLR Articles 78 and 3001, seeking an
injunction and declaratory relief, challenging as unlawful and unconstitutional,
emergency measures, specifically, but not limited to as updated from time to time,
executive orders 202.1, 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.9, 202.10, 202.11,
202.13, 202.18, 202.48, 202.49, 202.53, 202.55, 202.28, 202.29, enacted by the
Defendants/Respondents in their official capacities as Governor of the State of New
Parties
Plaintiffs
Carl J. Schwartz Jr.
Kerri W. Schwartz
Attorneys for Plaintiffs
Schwartz, Carl Jacob
Defendants
Andrew Cuomo
Howard Zucker
Attorneys for Defendants
Mckay, Heather Lynn
Other Parties
Clark, Adam M.
(Attorney)
Monroe County
(Non Party)
Case Documents
DECISION ORDER ON MOTION
Date: Jan 04, 2021
ATTACHMENT TO COURT NOTICE
Date: Dec 16, 2020
COURT NOTICE
Date: Dec 16, 2020
MEMORANDUM OF LAW IN REPLY
Date: Dec 15, 2020
EXHIBIT(S) - A (Motion 2)
Date: Dec 15, 2020
EXHIBIT(S) - B (Motion 2)
Date: Dec 15, 2020
AFFIRMATION (Motion 2)
Date: Dec 15, 2020
LETTER / CORRESPONDENCE TO JUDGE
Date: Dec 14, 2020
MEMORANDUM OF LAW IN OPPOSITION
Date: Dec 11, 2020
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION
Date: Dec 11, 2020
AFFIDAVIT
Date: Dec 09, 2020
LETTER / CORRESPONDENCE TO JUDGE
Date: Dec 04, 2020
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
Date: Dec 04, 2020
EXHIBIT(S) - A (Motion 2)
Date: Dec 04, 2020
NOTICE OF ENTRY
Date: Dec 04, 2020
NO FEE AUTHORIZATION (LETTER/ORDER/AFFIRMATION)
Date: Dec 04, 2020
ORDER TO SHOW CAUSE (AMENDED)
Date: Dec 03, 2020
ORDER TO SHOW CAUSE (PROPOSED) (AMENDED)
Date: Nov 27, 2020
LETTER / CORRESPONDENCE TO JUDGE
Date: Nov 27, 2020
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP
Date: Nov 24, 2020
ORDER TO SHOW CAUSE ( PROPOSED )
Date: Nov 24, 2020
MEMORANDUM OF LAW IN SUPPORT
Date: Nov 24, 2020
EXHIBIT(S) - 5 (Motion 2)
Date: Nov 24, 2020
EXHIBIT(S) - 6 (Motion 2)
Date: Nov 24, 2020
EXHIBIT(S) - 3 (Motion 2)
Date: Nov 24, 2020
EXHIBIT(S) - 7 (Motion 2)
Date: Nov 24, 2020
EXHIBIT(S) - 4 (Motion 2)
Date: Nov 24, 2020
EXHIBIT(S) - 1 (Motion 2)
Date: Nov 24, 2020
NO FEE AUTHORIZATION (LETTER/ORDER/AFFIRMATION)
Date: Nov 24, 2020
EXHIBIT(S) - 2 (Motion 2)
Date: Nov 24, 2020
EXHIBIT(S) - 8 (Motion 2)
Date: Nov 24, 2020
ORDER - OTHER
Date: Nov 06, 2020
COMPLAINT
Date: Oct 24, 2020
ORDER ( PROPOSED )
Date: Oct 24, 2020
EXHIBIT(S) - O
Date: Oct 24, 2020
EXHIBIT(S) - B
Date: Oct 24, 2020
EXHIBIT(S) - G
Date: Oct 24, 2020
EXHIBIT(S) - C
Date: Oct 24, 2020
SUMMONS
Date: Oct 24, 2020
EXHIBIT(S) - P
Date: Oct 24, 2020
EXHIBIT(S) - D
Date: Oct 24, 2020
RJI -RE: OTHER
Date: Oct 24, 2020
EXHIBIT(S) - E
Date: Oct 24, 2020
EXHIBIT(S) - A
Date: Oct 24, 2020
EXHIBIT(S) - R
Date: Oct 24, 2020
EXHIBIT(S) - Q
Date: Oct 24, 2020
EXHIBIT(S) - F
Date: Oct 24, 2020
EXHIBIT(S) - L
Date: Oct 24, 2020
EXHIBIT(S) - I
Date: Oct 24, 2020
EXHIBIT(S) - H
Date: Oct 24, 2020
EXHIBIT(S) - M
Date: Oct 24, 2020
EXHIBIT(S) - J
Date: Oct 24, 2020
EXHIBIT(S) - K
Date: Oct 24, 2020
EXHIBIT(S) - N
Date: Oct 24, 2020Case Events
| Date | Type | Description | |
|---|---|---|---|
| January 04, 2021 | DECISION + ORDER ON MOTION | ||
| December 16, 2020 | ATTACHMENT TO COURT NOTICE | ||
| December 16, 2020 | COURT NOTICE | ||
| December 15, 2020 | MEMORANDUM OF LAW IN REPLY | ||
| December 15, 2020 |
EXHIBIT(S) - A (Motion #2) Picker Petition |
||
| December 15, 2020 |
EXHIBIT(S) - B (Motion #2) Frank Letter |
||
| December 15, 2020 |
AFFIRMATION (Motion #2) Reply Affirmation in Further Support |
||
| December 14, 2020 | LETTER / CORRESPONDENCE TO JUDGE | ||
| December 11, 2020 | MEMORANDUM OF LAW IN OPPOSITION | ||
| December 11, 2020 | AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION | ||
| December 09, 2020 | AFFIDAVIT | ||
| December 04, 2020 | LETTER / CORRESPONDENCE TO JUDGE | ||
| December 04, 2020 | STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING | ||
| December 04, 2020 |
EXHIBIT(S) - A (Motion #2) Additional Proceeding filed by Petitioners' counsel |
||
| December 04, 2020 | NOTICE OF ENTRY | ||
| December 04, 2020 | NO FEE AUTHORIZATION (LETTER/ORDER/AFFIRMATION) | ||
| December 03, 2020 | ORDER TO SHOW CAUSE (AMENDED) | ||
| November 27, 2020 | ORDER TO SHOW CAUSE (PROPOSED) (AMENDED) | ||
| November 27, 2020 | LETTER / CORRESPONDENCE TO JUDGE | ||
| November 24, 2020 | AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP | ||
| November 24, 2020 | ORDER TO SHOW CAUSE ( PROPOSED ) | ||
| November 24, 2020 | MEMORANDUM OF LAW IN SUPPORT | ||
| November 24, 2020 |
EXHIBIT(S) - 5 (Motion #2) Fiorini OTSC & Petition |
||
| November 24, 2020 |
EXHIBIT(S) - 6 (Motion #2) Phillips OTSC & Petition |
||
| November 24, 2020 |
EXHIBIT(S) - 3 (Motion #2) Brown OTSC & Petition |
||
| November 24, 2020 |
EXHIBIT(S) - 7 (Motion #2) Jeffrey Petition |
||
| November 24, 2020 |
EXHIBIT(S) - 4 (Motion #2) Frank Petition |
||
| November 24, 2020 |
EXHIBIT(S) - 1 (Motion #2) Myers OTSC & Petition |
||
| November 24, 2020 | NO FEE AUTHORIZATION (LETTER/ORDER/AFFIRMATION) | ||
| November 24, 2020 |
EXHIBIT(S) - 2 (Motion #2) Westfall OTSC & Petition |
||
| November 24, 2020 |
EXHIBIT(S) - 8 (Motion #2) Ltr withdrawing E2020-5089 |
||
| November 06, 2020 | ORDER - OTHER | ||
| October 24, 2020 | COMPLAINT | ||
| October 24, 2020 | ORDER ( PROPOSED ) | ||
| October 24, 2020 |
EXHIBIT(S) - O Cambridge Coronavirus Collection, Dr. Brown |
||
| October 24, 2020 |
EXHIBIT(S) - B Pneumonia and Influenza Mortality Surveillance System |
||
| October 24, 2020 |
EXHIBIT(S) - G The Seattle Times |
||
| October 24, 2020 |
EXHIBIT(S) - C Dr. Birx: Real Clear Politics |
||
| October 24, 2020 | SUMMONS | ||
| October 24, 2020 |
EXHIBIT(S) - P NYSDOH Pre-K to Gr 12 Toolkit |
||
| October 24, 2020 |
EXHIBIT(S) - D National Vital Statistics System |
||
| October 24, 2020 |
RJI -RE: OTHER Order to Show Cause |
||
| October 24, 2020 |
EXHIBIT(S) - E Centers for Disease Control, August 19, 2020 |
||
| October 24, 2020 |
EXHIBIT(S) - A Imperial College London |
||
| October 24, 2020 |
EXHIBIT(S) - R Executive Order Statutory and Constitutional Violations |
||
| October 24, 2020 |
EXHIBIT(S) - Q NYS Emergency Powers Assembly Legislation |
||
| October 24, 2020 |
EXHIBIT(S) - F The Washington Examiner |
||
| October 24, 2020 |
EXHIBIT(S) - L Great Barrington Declaration |
||
| October 24, 2020 |
EXHIBIT(S) - I October 5, 2020 Update among students on campuses |
||
| October 24, 2020 |
EXHIBIT(S) - H Monroe County Covid19 Surveillance |
||
| October 24, 2020 |
EXHIBIT(S) - M Affidavit of Dr. Clayton Baker |
||
| October 24, 2020 |
EXHIBIT(S) - J Panorama Pediatric Group Post |
||
| October 24, 2020 |
EXHIBIT(S) - K Open Letter from 24 Medical Doctors |
||
| October 24, 2020 |
EXHIBIT(S) - N CDC Morbidity and Mortality Report, August 14, 2020 |
