January 25, 2022 Mask Mandate – Appellate Court Issues a Temporary Stay
KEEPING YOU INFORMED…
We are writing to advise you that late this afternoon the Appellate Division, Second Department, issued a stay of yesterday’s Nassau County Supreme Court Decision and Order that declared the New York State Department of Health’s mask mandate regulation null and void. The stay is temporary, pending further submissions, possible oral argument by the parties on Friday, January 28, 2022, and the Appellate Division’s issuance of its decision on whether the stay will remain in effect while the appeal is litigated.
As a result of this temporary stay, the State’s mask mandates are once again in effect and can be enforced by the State. As a reminder, the mask mandates are set forth in the “Commissioner’s Determination on Indoor Masking Pursuant to 10 NYCRR 2.60.” This Determination provides that masks are required to be worn by every person (i.e., teachers, staff, students and visitors) in P-12 schools who is over age two and able to medically tolerate a face covering/mask, “subject to applicable CDC-recommended exceptions.”
We will continue to keep you updated regarding the application for a stay, the pending appeal and any changes to the existing 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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