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Posted by Lawyer Fatima Afia @ Ruddick Law on Linked In
NEW YORK UPDATE!
It looks like we will be waiting a bit longer for a preliminary injunction (PI) decision in the ConBud case concerning the proximity relocation madness!
Below is the letter filed by OCM’s counsel informing the court that the parties agreed to adjourn the return date on the PI motion until September 12th.
What this means in English:
✨ OCM has until September 9th to respond to the PI motion, and petitioners have until September 11th to reply to OCM’s response.
✨The Parties have extended the deadline in order to “negotiate a consensual resolution” to the motion.
✨If a resolution is not reached by the parties, we likely won’t have a decision on the PI motion until end of September or early October, at the earliest.
✨If a resolution is reached, we don’t know what that will look like – does OCM agree not to enforce the new method of measurement only as against the petitioners in the lawsuit or do they agree to not enforce it at all until the lawsuit is resolved or a legislative fix is in place?
✨The uncertainty created by this policy change continues and unless a policy or legislative fix is implemented soon, everyone impacted continues to be in harm’s way.
✨Just a few of the things that impacted applicants and licensees still have to worry about in the interim: relocating under the new method of measurement (which is challenging to navigate without a reliable LOCAL maps database to utilize, particularly in a congested city like NYC), eating costs expended to date on now-defunct locations and expending further costs to relocate (which in many cases won’t be covered by the promised applicant relief fund for those who even qualify), and operating with technically-expired licenses if license renewal is not an option before a legislative or policy fix is implemented (and no SAPA does not save you from third-parties who may not want to work with unlicensed parties regardless of OCM’s promise of good standing).
908591_25_CONBUD_et_al_v_CONBUD_et_al_LETTER___CORRESPOND_21
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Sean Hocking
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