Gov. Kathy Hochul has extended the mask mandate in New York State through Feb. 10.
The mandate, which requires face coverings to be worn in all indoor public places unless the business or venue implements a vaccine requirement, went into effect Dec. 13. The state defines an indoor public place as "any indoor space that is not a private residence."
The new state mandate appears to be more restrictive than a similar mask requirement imposed in Erie County last month, at least when it comes to restaurants, bars and certain work settings.
A state Supreme Court justice in Nassau County on Monday ruled the state did not have the constitutional authority to enact the mandate, but on Tuesday, an Appellate Division judge granted a stay of that ruling while the state appeals it.
Hochul on Friday noted that the seven-day average of cases and seven-day positivity rate continue to go down.
"That is the trend we've been waiting for," she said during a news conference on Long Island in advance of the snow storm expected to hit downstate. "We still don't know much beyond where we are right now. But again, the trend is much more positive."
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Dutchess County Executive Marc Molinaro, a Republican, said a top Hochul official told him and other county executives on a phone call Friday that counties were not even expected to enforce the order during the first two weeks. The state has not said that publicly.
Hochul said the extension of the masking policy now will be done every two weeks, and the state probably will evaluate the need for the masks a couple of days before Feb. 10.
"If we continue on this rapid trend downward, we'll be in a good place," she said.
Monday's ruling overturning the mandate caused confusion throughout the state, particularly in schools. School districts in Erie County followed the mask mandate, sending notices to parents that the state Education Department noted the latest ruling out of Nassau County conflicted with a previous decision out of state Supreme Court in Albany County. But some schools in other parts of the state said students did not need to wear their masks Tuesday.
Several students throughout Erie County attended school without masks Tuesday, and were sent home if they did not wear the mask provided to them by the school.
