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COVID-19: Mask Mandate Back In Effect In NY After Appeals Court Judge's Ruling

A New York Appellate Judge granted a stay in the state’s lawsuit over its COVID-19 indoor mask mandate, putting it back in place, including schools, much to the chagrin of some parents.
A New York Appellate Judge granted a stay in the state’s lawsuit over its COVID-19 indoor mask mandate, putting it back in place, including schools, much to the chagrin of some parents. Photo Credit: Daily Voice

A New York Appellate Judge granted a stay in the state’s lawsuit over its COVID-19 indoor mask mandate late Tuesday afternoon, Jan. 25, putting it back in place, including schools, much to the chagrin of some parents.

A day earlier, in Nassau County Justice Thomas Rademaker ruled that New York Gov. Kathy Hochul’s office had overstepped its authority with its December mask mandate that was issued through then-acting Health Commissioner Mary T. Bassett.

However, the state quickly appealed the decision, and on Tuesday, the mandate was put back in place.

A formal ruling on the matter is expected in the near future, with a hearing scheduled for Friday, Jan. 28 in downtown Brooklyn.

The ping-ponging decisions by the judges regarding the mandate caused mass confusion for some schools, which were left in the dark and forced to scramble to make decisions for the morning's classes. 

The current mandate is set to expire on Tuesday, Feb. 1, according to the state Department of Health.


“As governor, my top priority is protecting the people of this state," Hochul said after the stay was granted. "These measures are critical tools to prevent the spread of COVID-19, make schools and businesses safe, and save lives.

"I commend the Attorney General for her defense of the health and safety of New Yorkers, and applaud the Appellate Division, Second Department for siding with common sense and granting an interim stay to keep the state's important masking regulations in place,” she continued. “We will not stop fighting to protect New Yorkers, and we are confident we will continue to prevail.”

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