Governor's letter conceding preliminary injunction (Feb. 2, 2021) — Agudath Israel v. Cuomo (2d Cir., 2021-02-02)

Record facts

U.S. District Court for the Eastern District of New York · No. 1:20-cv-04834-KAM-RML · Doc. 31 · 2021-02-02 · Docket on CourtListener

Full text

STATE OF NEW YORK 
OFFICE OF THE ATTORNEY GENERAL 
  LETITIA JAMES 
                                                         DIVISION OF STATE COUNSEL           
ATTORNEY GENERAL 
                                                        LITIGATION BUREAU 
 
 
28 LIBERTY STREET, NEW YORK, NY 10005 ● PHONE (212) 416-8610 ● WWW.AG.NY.GOV 
Writer’s Direct Dial: (212) 416-8661 
 
February 2, 2021 
Via ECF 
 
 
 
 
       
The Honorable Judge Kiyo A. Matsumoto 
United States Courthouse 
Eastern District of New York 
225 Cadman Plaza East 
Brooklyn, New York 11201 
 
Re: Agudath Israel of America, et al. v. Cuomo, No. 20-cv-04834 (E.D.N.Y.)(KAM)(RML) 
Dear Judge Matsumoto: 
 
This Office represents Governor Andrew M. Cuomo, the defendant in the above-referenced 
matter. The purpose of this letter is to request that the Court cancel the preliminary injunction 
hearing presently scheduled for February 8, 2021 concerning “Executive Order 202.68’s 25% and 
33% capacity limits on houses of worship.” Minute Entry, January 26, 2021. Defendant makes this 
request because, as set forth below, he does not contest the entry of a preliminary injunction against 
these percentage capacity limits.  
 
Executive Order (“EO”) 202.68 provides that in areas designated as “red zones,” “houses of 
worship shall be subject to a capacity limit of 25% of maximum occupancy or 10 people, whichever 
is fewer.” EO 202.68 further provides that in areas designated as “orange zones,” houses of worship 
shall be subject to a capacity limit of “33% of maximum occupancy or 25 people, whichever is 
fewer.” On January 19, 2021, this Court issued a preliminary injunction against the enforcement of 
these 10- and 25- person numerical limitations set forth in EO 202.68.  
In light of the decisions made in this case by this Court and the appellate courts that have 
considered it, Defendant Cuomo does not oppose the entry of a preliminary injunction against the 
enforcement of (i) the 25 percent capacity limit on houses of worship in areas designated as red 
zones imposed under EO 202.68, as extended, and (ii) the 33 percent capacity limit on houses of 
worship in areas designated as orange zones imposed under EO 202.68, as extended. The injunction 
would remain in force for as long as Executive Order 202.68, as extended, remains in effect. 
 
Defendant believes that his stated position herein obviates the need for the February 8, 2021 
hearing. Consequently, he respectfully requests that the hearing and related briefing be canceled. 
Although the parties have negotiated in good faith on this matter, they have not reached an 
agreement. I asked Plaintiffs’ counsel whether he would consent to Defendant’s request to cancel 
the hearing, but received no response to my question. 
 
 
Case 1:20-cv-04834-KAM-RML   Document 31   Filed 02/02/21   Page 1 of 2 PageID #: 833

 
 
 
 
 
 
 
 
Thank you for Your Honor’s consideration of this matter. 
Respectfully submitted, 
 
 
 
 
 
 
_______/S/___________ 
 
 
 
 
 
 
Todd A. Spiegelman 
Assistant Attorney General  
Todd.Spiegelman@ag.ny.gov 
cc: All Counsel (via ECF) 
Case 1:20-cv-04834-KAM-RML   Document 31   Filed 02/02/21   Page 2 of 2 PageID #: 834

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