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Is New York's mask mandate coming to an end?

The state Supreme Court ruled that neither Gov. Kathy Hochul nor New York's Health commissioner had the authority to issue the mandate for schools and public places.

News 12 Staff

Jan 25, 2022, 1:22 AM

Updated 876 days ago

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A New York Supreme Court Judge on Long Island has ruled the state's mask mandate is "unconstitutional" but schools are still required to enforce it - for now.
The state Education Department told districts Monday night that students must still wear masks because the state is filing an appeal.
Sources tell News 12 the governor and state attorney general are planning to take this case to a state Appellate Court as quickly as possible.
The judge ruled neither the governor nor the health commissioner has the authority to enact the mandate without the state Legislature since the governor no longer has emergency powers.
Hochul said she disagrees with the ruling and her administration will do everything to reverse it.
Parents continue to be split on how to move forward.
The state's public places mask mandate was set to expire next Tuesday and the school mask mandate at the end of next month. It's unclear if anyone will stop enforcing it in the meantime.
The New York State Education Department released the following statement:  "The State Education Department understands that Nassau County Supreme Court has ruled that the Department of Health exceeded its authority in enacting the mask regulation, 10 NYCRR 2.60, in Demetriou et al. v. New York State Dep’t of Health et al. This regulation is the subject of conflicting decisions, insofar as Albany County Supreme Court recently upheld the regulation in Massapequa UFSD et al. v. Hochul, et al.
It is SED’s understanding that the Department of Health will appeal the Nassau County Supreme Court decision, which will result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further ruling. Therefore, schools must continue to follow the mask rule."


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