Judge Grants Full Stay On NY Mask Mandate During Appeals Process

LONG ISLAND, NY — A judge granted a full stay on New York's mask mandate Monday, keeping it in place as the appeals process continues.

The statewide mask mandate remained in effect last Tuesday after an appeals court judge issued a stay following a ruling by a Nassau County Supreme Court judge last Monday that declared Gov. Kathy Hochul's mask protocols to be unconstitutional.

The state immediately filed an appeal, and New York State Attorney General Letitia James filed a motion to stay the ruling. The stay was granted Tuesday afternoon. According to CNYcentral.com, on Monday, the judge ruled to grant the full stay as the appeals process continues.

"I commend the Appellate Division, Second Department for granting a full stay to keep our masking regulations in place for the duration of our appeal," Hochul said. "My primary responsibility as governor is to keep New Yorkers safe. Mask regulations keep our schools and businesses safe and open, protect vulnerable New Yorkers, and are critical tools as we work to get through this winter surge."

Hochul said it was thanks to those efforts, including mask regulations, cases are declining "and we are seeing major progress in the fight against COVID-19. I thank the Attorney General and her team for their defense of these common sense measures, and I am confident we will continue to prevail. We are committed to doing everything in our power to keep New Yorkers safe."

On Monday, New York's 7-day positivity rate stood at 6.64 percent statewide; with Sunday's rate at 5.59 percent — and 7.87 percent on Long Island, Hochul said. The governor also noted that the number of new cases had dropped statewide by almost 50 percent since last week, with new hospital admissions down by almost one-third.

A total of 87 patients died on Sunday, she said.

As legal arguments continued over New York's mask mandate Friday, Hochul announced that the mask-or-proof-of-vaccination mandate for businesses would be extended temporarily until Feb. 10. The measure had been set to expire Feb. 1. According to the CNYCentral.com report, the full stay means that if Hochul chooses to extend the mandate, it could be in place until March 2.

Hochul said the situation would be evaluated every two weeks.

An amicus brief had been filed in the mask dispute by a number of districts on Long Island, including Shoreham-Wading River, Locust Valley, Massapequa, Island Trees, Connetquot, Lindenhurst, Plainedge, and Hauppauge.

After the confusion regarding the mandate, parents, students and community members held anti-mask rallies at school districts across Long Island.

Last week's decision overturning mask protocols came after new Nassau County Executive Bruce Blakeman signed a trio of executive orders allowing school districts to end the mask mandates if they chose to do so.

"A judge declared that Gov. Hochul's mask mandate is unconstitutional, deeming mandates invalid statewide," Blakeman wrote on Facebook Monday, calling the decision "a huge win."

Rep. Lee Zeldin, R- Shirley, weighed in on Twitter: "Our schools and local communities in New York need more local control and less Hochul control!"