A panel of the U.S. Court of Appeals for the Second Circuit expressed skepticism Tuesday with Gibson, Dunn & Crutcher’s argument that New York’s revised eviction moratorium still did not give landlords a fair chance to pursue eviction proceedings in state court.

The comments seemed to question Gibson Dunn partner Randy Mastro’s assertions that the new measure was at odds with a U.S. Supreme Court ruling last month, which scrapped an earlier iteration that allowed tenants to self-certify that they had suffered financial hardship during the pandemic.