Feb. 1, 2022
New York's mask mandate in effect while state appeals ruling that struck it down
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.
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New York appealed that decision and was granted a temporary stay, but the ruling caused confusion throughout the state on whether masks were still required. 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.
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
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