February 01, 2022 Mask Mandate – Appellate Court Grants the State’s Motion for a Stay While Appeal is Pending
KEEPING YOU INFORMED…
We are writing to advise you that the Appellate Division, Second Department, issued a decision granting the State’s motion for a stay of the January 24, 2022 Nassau County Supreme Court Decision and Order that declared the New York Department of Health’s mask mandate regulation null and void. As a result of this decision, the State’s mask mandates will remain in effect and can be enforced by the State while the appeal is pending so long as the State files its appellate papers by March 2, 2022. If the State does not file its appellate papers by March 2, 2022, the Appellate Division may lift (cancel) the stay.
As a reminder, pursuant to the applicable regulation and the corresponding determination of the State Health Commissioner (the Commissioner’s Determination on Indoor Masking Pursuant to 10 NYCRR 2.60), the mask mandate for all indoor public places is in effect until February 10, 2022 and the mask mandates for P-12 schools, healthcare settings, adult care facilities regulated by the NYSDOH, correctional facilities and detention centers, homeless shelters and public transportation is in effect until February 21, 2022.
We will continue to provide updates regarding the mask mandates. If you have any questions, please contact one of our attorneys at 631-694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
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© Lamb & Barnosky, LLP 2022
 The regulation that makes the Determination possible currently expires on February 21, 2022.