ALBANY, N.Y. (WIVB) — Starting Monday, New York’s extended curfew for bars and restaurants goes into effect.

The governor’s administration says these businesses can stay open until midnight, starting Monday. The executive order requiring patrons to buy food with a drink remains in effect.

Business owners we talked with say their customers are frustrated with not only the curfew but also the changes.

Steven Marchione, owner of Casa Di Francesca’s told News 4, “You know, great, another hour. But really, like, how- what’s the logic behind that?”

A lawsuit opposing the restaurant curfew hit a snag in court this weekend.

The judge in this latest action reasoned that because the petition was challenging a state executive order that technically expired, he could not rule on the merits of the suit.

A spokesperson for HoganWilling says attorneys are not giving up, and they’re maintaining the curfew is arbitrary due to the lack of evidence of viral transmission in these establishments.