On October 13, 2023, a panel of five judges of the Appellate Division for the Third Judicial Department unanimously agreed with Clark Smith Villazor LLP’s four service-disabled veteran clients that the preliminary injunction issued by Supreme Court Justice Kevin Bryant halting the processing of adult-use cannabis CAURD licenses in New York should not be stayed pending an appeal of that preliminary injunction by Defendants New York State Cannabis Control Board, Office of Cannabis Management, and two agency executives. In order to have obtained a stay of the preliminary injunction pending appeal, Defendants New York State Cannabis Control Board, Office of Cannabis Management, and two agency executives needed to convince the Third Department that Clark Smith Villazor LLP’s clients were unlikely to succeed on their claims that the creation and implementation of the CAURD program was an unconstitutional action taken by the cannabis agencies in excess of their statutory authority under New York Cannabis Law, that Clark Smith Villazor LLP’s clients had not suffered any harm as a result of the unconstitutional CAURD program, and that the equities favored the cannabis agencies. The Appellate Division for the Third Judicial Department did not agree with Defendants and denied their motion.
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