A New York appeals court judge reimposed New York’s statewide mask mandate on Tuesday, reversing a lower court judge’s Monday ruling that stated the order was unconstitutional.
Judge Robert Miller permitted the state’s request for a stay of a Long Island judge’s ruling as the governor’s office seeks an appeal, Associated Press reported.
Nassau County Justice Thomas Rademacher ruled on Monday that the state’s mask order for public spaces had good intentions but was in violation of the Administrative Procedure Act, making it null and void and prompting Gov. Kathy Hochul (D) to say that she would pursue all options available to reverse the decision.
Hochul praised Tuesday’s ruling, stating that measures such as masking help prevent the spread of the virus.
“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 said. “We will not stop fighting to protect New Yorkers, and we are confident we will continue to prevail.”
The mask mandate was implemented last month by New York Health Commissioner Mary T. Bassett at the behest of Hochul as the omicron variant triggered a rise in cases.