For weeks, bars and restaurants begged Gov. Andrew Cuomo to lift the state's 10 p.m. curfew for Super Bowl Sunday, hoping for a big boost in business. He rejected that idea during his briefing Friday.

He said he is “going by the numbers” of how the COVID-19 virus spreads.

However, in December, the governor cited statistics saying only 1% of COVID-19 cases are linked to indoor dining. His fear is the later people are out and drinking particularly at bars, the more likely it is for the virus to spread.

"If we could separate the two, then you could argue for different times at a restaurant than a bar. We don't have that ability, it's one license," he said.

A state judge lifted the curfew for 90 bars and restaurants in western New York that were suing the governor for irreparable harm. That ruling only applies to the plaintiffs in Erie and Monroe counties.

There was no word if Cuomo plans to apply the ruling statewide to avoid confusion before kickoff.