We are still waiting for an official decision and an announcement from the band and label whether or not "Live Scenes From New York" will be recalled and replaced with a different cover.
However, certain chains have decided by themselves to not carry the CD with its current artwork.
CDnow, for instance, has (temporarily) removed "Live Scenes From New York" from their store. Fortunately, most CDnow pre-orders were already shipped. Anyone who pre-ordered the album should receive it.
Amazon.com temporarily removed the album from their site but now seems to be taking orders again. CDUniverse stopped taking orders on September 17th.