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Orchard Park gym wins another court battle against NYS

Athlete's Unleashed no longer has to follow executive orders older than 30 days

Robby Dinero, owner of Athlete's Unleashed in Orchard Park
Robby Dinero, owner of Athlete's Unleashed in Orchard Park
WBEN/Tim Wenger

BUFFALO, N.Y. (WBEN) - Athlete's Unleashed defeated New York State in court again on Tuesday and no longer needs to abide by Governor Cuomo's executive orders that are older than 30 days.

"They can resume operation very similarly to how they were prior to the pandemic," Todd Aldinger, an attorney representing gym owner Robby Dinero, said.


The gym, though, must still close at 11 p.m. because of an executive order signed on February 14 by the governor.

Masks are also still required because that was an order from the New York State Health Department. Aldinger said that regulation was not decided on Tuesday.

The gym was at the center of controversy after protesters rallied against the state's directives. Dinero ripped up a $15,000 fine he received from the Erie County Department of Health. He previously defeated the state in court which allowed him to open at full capacity.
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Athlete's Unleashed no longer has to follow executive orders older than 30 days