A New York appellate court ruled Monday that the state's mask mandate can remain in place while the state appeals a lower court ruling declaring the mandate null and void.
The Appellate Division, Second Department, granted the stay pending a hearing and determination of the appeal by New York State.
State Supreme Court Justice Thomas Rademacher in Nassau County ruled Jan. 24 that the December order by State Health Commissioner Dr. Mary T. Bassett requiring face coverings in public places was not properly enacted. He ruled that the mandate violated the State Administrative Procedure Act, which the Legislature enacted in March in response to the measures taken by former Gov. Andrew Cuomo after he declared a disaster emergency in the early days of the pandemic in 2020.
New York appealed that decision and was granted a temporary stay, but the ruling caused confusion throughout the state on whether masks were required or not. The confusion was felt particularly in schools, where some children in Western New York went to school without masks, although County Executive Mark C. Poloncarz said Erie County's mask requirement remained in effect.
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On Friday, Gov. Kathy Hochul extended the requirement to wear face masks in all indoor public places unless the business or venue implements a Covid-19 vaccine requirement to Feb. 10. She said the requirement would be reviewed in two-week increments.Â
The stay comes amid falling positivity rates and hospitalizations in New York.
Hochul said during a news briefing Tuesday that the dramatic drop in Covid-19 cases is "a beautiful sight," but that pandemic is not over. She said she is consulting with experts daily about how to proceed.Â
"We're in a much better place," she said, compared to earlier this winter. "But we have to decide what that looks like. We're not prepared to throw in the towel and say we're done fighting Covid. We are so far from that."
She said the state is taking many measures, including distributing 85 million test kits, bringing in military to help at overburdened hospitals and setting up pop-up vaccine clinics to get more children vaccinated.
"So we're not taking our foot off the gas when it comes to fighting the pandemic. The masks are one element of that. That'll be assessed," the governor said.Â
State Attorney General Letitia James said in a statement Tuesday that she applauded the ruling.
“Wearing a mask saves lives," she said. "The mask mandate and today’s decision will help in our efforts to fight back this virus. My office will continue to use its full authority to keep New Yorkers safe.”
