There was an update Friday night on restaurant curfews in New York. 

Law firm HoganWillig says an appellate judge denied an emergency appeal from the state of a supreme court justice's preliminary injunction. 

You'll recall that lifted the 11 p.m. curfew for nearly 100 Western New York restaurants suing the state.

This means those restaurants can continue to operate under normal business hours for the time being.

The state argues science shows that going to a bar or restaurant is a high-risk activity and limiting hours of operation minimizes the risk. 

However, attorneys for the bars and restaurants argue that no scientific data has been provided to show the spread of the virus is more likely in the evening.