Preliminary Injunction to Stay NY SAFE Act April 14 Sought in Federal Court




Minute Entry for proceedings held before Judge Leonard D. Wexler: Oral Argument re; Motion for Preliminary Injunction held on 4/14/2014. Plaintiff(s) represented by Robert James La Reddola, Esq. and Steven M. Lester, Esq. Defendant(s) represented by Susan M. Connolly, Esq. and David A. Tauster, Esq. Parties arguments heard regarding Plaintiffs Motion for Preliminary Injunction filed 4/1/2014 (docket entry 5 ). For reasons stated on the record, the Court hereby administratively closes this case, without prejudice, while Plaintiffs counsel pursues an action in State Court. Plaintiff may file a Motion to Reopen Case within sixty (60) days after a final judgment is entered in State Court. Proceedings concluded. (Court Reporter Stephanie Picozzi.) (Russo, Eric) (Entered: 04/14/2014)”

The Federal court held that the action is dismissed without prejudice and the plaintiffs are to re-file in state court.

Translation, since this is a lawsuit about state procedures and the constitution has not been violated yet in illegal searches, the case needs to go before the state courts.
Robert LaReddola said – In sum, the court cited to legal precedent on statutory interpretation of a state statute which precluded him from granting preliminary injunction but referred us to state court. The interpretation required is among other things, the meaning of ineligible to possess a license. We will be bringing the state action forthwith and then return to federal court.
Robert LaReddola

The only positive thing about this ruling is that if NY SAFE is ever to make to  the SCOTUS this type of decision would have been necessary.



Review of the Case:

There is a Court Case to be heard in the eleventh hour of the NY S.A.F.E. Act Registration Deadline  which challenges the registry, the database, and the referral for warrantless gun removal under article 400.  SCOPE will do everything in our power to bring any news on this case.  The Web Site of the Law Firm handling the case will be the first to post any news, good or bad at this link,

La Reddola, Lester & Associates, LLP is the private law firm that is arguing for a preliminary  injunction.  The same law firm that represented Gabriel Razzano successfully in Razzano v County of Nassau 765F.Supp.2d 176 (.E.D.N.Y.2011)




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