A judge has denied a permanent injunction against the 11 p.m. curfew for a group of Western New York restaurants suing the state.

A State Supreme Court justice argues the petition filed by HoganWillig's attorneys on January 26 was no longer relevant. That's because because they were challenging a law the judge claims was replaced when the state legislature rolled back some of the governor's emergency powers.

The decision means the curfew stands for about 90 restaurants represented in that suit.

Earlier this week, Governor Cuomo announced that the current 11 p.m. curfew is moving back to midnight starting on Monday. 

Attorneys for HoganWillig say they were already preparing a new suit with more bars and restaurants, though some may not want to go forward after the curfew changes Monday.