BUFFALO, N.Y. — An Orchard Park gym has filed a lawsuit against New York Governor Andrew Cuomo claiming he exceeded his authority by extending emergency directives issued during the COVID-19 pandemic.
The lawsuit, filed Monday morning, notes New York Executive Law permits the governor to suspend existing law or issue new directives. These directives are functionally law created by the governor alone.
Attorney Paul Cambria, Jr., who filed the lawsuit in State Supreme court, tells 2 On Your Side that the executive orders are in place for thirty days. But while suspensions of state law can be extended by Governor Cuomo himself, Cambria says the governor has no authority to extend these directives without approval by the state legislature.
Cambria represents Athletes Unleashed in this case. The gym has been shut down because Orchard Park is in a designated orange zone because of the recent spread of the coronavirus in Erie County.
The suit seeks a temporary restraining order against the executive orders creating the cluster zones.
