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At a Tenn of the Supreme Court held in

and for the County of Albany, New York.


at the A]bany County Courthouse or the
),2 day of February 2020.
Present: Hon. , j.s.c.
SUPREME COURT OF THE STATE OF NEw YORK
COUNTY OF ALBANY

POLY-PAK INDUSTRIES. INC.. GREEN


EARTH FOOD CORP.. d/b/a Green Earth
Grocery Store, FRANCISCO MARTE. and
THE B0DEiA AND S:IArL BusiNEss
ASSOCIATION.

Plaintiffs-Petitioners. Index No.

for a judgment pursuant to Articles 30 and 78


of the Civil Practice Law and Rules. ORDERT0SHOWCAUSE WI-tv
A PRELIMINARY INJUNCTION
-against-
SHOULD NOT BE IssI:Eu WITN A
TEMPORARY RFSTRAJc;Nc ORDER
THE STATE OF NEW YoRIc lioN. ANDREW
CuoMo, as Governor of the State of New
York. the NEW YORK STA1 F DEPARTMENT
OF ENVIRONMENTAL CONSERVATION, and
BASIL SEGGOS in his official capacity of
Commissioner of the New York State
Department of Environmental Conservation.

Defendants-Respondents.

Upon reading and filing of the Verified Petition of Petitioners-Plaintiffs, dated and sworn

to on February 27, 2020, and the exhibits annexed thereto: and upon the memorandum of law in

support of a temporary restraining order and preliminary injunction, and upon due deliberation

having been had thereupon. it is hereby ORDERED as follows:

It is ORDERED that Defendants-Respondenis the State of New York. Hon. Andrew

Cuomo. as Governor of the State of New York. the New York State Department of Environmental
Conservation, and Basil Seggos. in his official capacity of ‘ommissiorier of the New York Stare

Department of Environmental Conservation, or their respective attorneys show cause beore

Supreme Court. Albany Count, at the Courthouse located at 16 Eagle Street. Album. New York.

on the qay of, 2020, at am. i.. in room . or as soon

thereafler as counsel may be heard. why a preliminary injunction should not be granted herein

enjoining Respondents-Defendants. their ageneies divisions, departments. officers. offlcials.

employees, and agents pursuant to CPLR 6301, 6311. 6313, and 7805. and pending the

determination of this proceeding, from inipementing andor enforcing S. 1508-C Part H (to be

codified at N.Y. Envir. Conser. Law §* 27-2801 to -2809) and 6 NYCRR Pail 351, and /hy

Plaintiffs-Petitioners should not have such other relief as isust. proper. and equitable; and pending

the hearing of this motion

-H-- f..rtLr ORDCflEDtknt Defend ts-Respondents. ilicri at.të .‘fl.d I flit.

dLpaItInLd3, %QétnpTn)/& tmdp tesu p ned—ti o111

Conser. Law
imp1emo11th &11d/; enfmiiig S. 1508-C Part H (to be codified at N.Y. Envir.

2801 to -2809) and 6 NYCRR Part 35 i.tat/ ,j,uJ 1, too


it is further ORDERED that service upon Respondents-Defendants of this Order to Show

Cause and the supporting papers Lipon which it was granted he made pursuant to CPL R 307 on the

State of New York by delivering the summons to an assistant attorney-general at an office of the

attorney-general or to the attorney-general within the state: on Governor Cuomo and

Commissioner Seggos either by personal service upon them or by mailing them a copy of the

filings and papers by certi.ed mail as well as personally serving an assistant attorney-general a

an office of the attorney—general or the attorney—general himself within the state; and upon the

Department of Environmental Conservation either by delivering the filings and papers to the chief

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executive officer of the agency or by mailing him a copy of the filings and papers by certified mail

as ve!I as personally serving an assistant attome-eneral aL an office of the attorney-general or

the attorney—general himself xithin the state. The persona ser’ice andor dcli’ cry b mall shall he

accomplished on or hetbre -__________________


2020. and such service shall co7isttute good and

sufficieni service.

It is further ORDERED that all Defendants-Respondents shall file and scrvc by overnight

delivery their opposition papers to the motion for a preliminary injunction. f any, to James D,

Featherstonhaugh, Esq., Featherstonhaugh, Wiley & Clyne, LLP, Ill Washin;aton Avenue, Stntc

501, Albany, NY 12210 (Email: jdfZ;fwc-law.com). counsel for Plainulls-Petinoners, by

M, /3, 2020.

It is fii-thcr ORDERED that Plaintiffs-Petitioners shall file and serve by overnig delivery

their reply papers with respect to the motion for a preliminary injunction. if any, on or before

AIM.?! /9 2020.

It is further ORDERED that the return date for the preliminary injuncton shall be

A1iI Y2020*

It is further OERED that oral argurneion tl preliminary injunction shall ie+ be heard

on thrctu111 da4i directed by the assigned Justice.

N on. J.s,C.
Albany. New York

?O202o

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