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State Appeals Court grants stay on state's mask mandate

The Appellate Division, Second Department issued the stay Tuesday night.

NEW YORK — A State Appeals Court has granted a stay on a statewide mask mandate after a State Supreme Court judge ruled against it Monday night.

On Tuesday, it was announced that the Appellate Division, Second Department granted the New York Attorney General's Office's motion to allow temporary enforcement of the mandate.

"As Governor, my top priority is protecting the people of this state. 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. We will not stop fighting to protect New Yorkers, and we are confident we will continue to prevail," Hochul said in response.

The mandate will remain in effect until the Appellate court takes further action. A court hearing is scheduled for Friday.

"I would expect that either the panel on Friday makes a decision as to whether to leave the stay in place or if they don't want to make that ultimate decision on Friday and  they want time to write a decision then they will allow the stay to remain in place until the decision is entered into. I would be surprised if the court lifted the stay on Friday," said legal analyst Barry Covert.

The stay will keep the mask mandate for schools across the state as well.

"We are pleased the Appellate Division granted the application by the Department of Health and the Governor’s office, confirming the lower court’s decision is stayed pending further proceedings," Commissioner of Education Betty Rosa said. 

"As such, the mask mandate remains in effect for schools across the state. We support Governor Hochul and the state Department of Health as they continue with the appeal. We thank the members of our school communities for their patience during this process."

Read the full appeal from the Attorney General's Office here: