NEW YORK (105.3 The Fan) – Attorneys for Cowboys running back Ezekiel Elliott have filed a motion Tuesday with the Second Circuit Court of Appeals after a New York judge refused to overturn her previous ruling on Monday night

The NFL Players Association appealed the ruling to the Second Circuit Court after Judge Katherine Polke Failla denied Elliott a preliminary injunction request, resulting in the star running back’s six-game suspension being back on.

The NFLPA expected Judge Failla to deny the request and is now asking the Second Circuit Court to intervene.

If the suspension stands, Elliott will miss games against Kansas City, Atlanta, Philadelphia Los Angeles (Chargers), Washington and New York (Giants).

He’ll be eligible to return on December 17 against the Oakland Raiders.

Earlier Monday, Cowboys owner Jerry Jones said Elliott was a “victim of an over-correction” by NFL Commissioner Roger Goodell.