MELVILLE, N.Y. — Gov. Kathy Hochul announced Friday that the mandate requiring masks to be worn in all public buildings, businesses and schools will be extended where vaccinations aren't required.
The mandate was set to expire Feb. 1, but is currently set to end on Feb. 10.
Hochul, speaking at a winter storm briefing in Melville, said future extensions will be made on a week or two week basis while the 'legal' fate of the mandate remains in question.
COVID hospitalizations have dropped recently, which Hochul attributed in part to the mandate.
"And [the mandate] has been a critical tool in driving those numbers down," Hochul said. "They could be even more out of control."
However, Hochul reported the hospitalization numbers were still higher than they would like, so the mandate was extended.
"If we continue on this rapid trend downward, we will be in a good place," the governor said. "If it levels off, or something else happens, I need that flexibility, and I'm going to continue to reserve that. But also, people are waiting to hear when some of these restrictions are going to be lifted. We are going to continue with our flexibility."
On Tuesday, the Appellate Division, Second Department, granted the State Attorney General's office a motion to allow temporary enforcement of the mandate after a State Appeals Court judge in Nassau County overturned it the day before.
It was expected there could be oral arguments on the case on Friday, Jan. 28 as stated in the Appellate Division's order for a stay. But instead there was just a briefing papers filing deadline for the attorney who filed the original challenge with that court on Long Island.
Attorney Barry Covert told 2 On Your Side he has seen this happen before.
"This is very typical, what we're seeing with the Second Department and how they're handling this case. I've been through it many times. I've seen many lawyers put through the exact same paces in relation to expedited scheduled briefings, changes from instead of oral argument on a date, let's have additional briefing but on an expedited basis. It's all, this is all very typical," Covert said.
2 On Your Side also asked if this case over the appeal of the stay could then be a drawn-out process.
Covert replied: "It could certainly drag on for days, even presumably weeks. If the court indicates after the briefing is done and the briefing appears to be on a very expedited schedule, then it wants oral arguments, and then issues a written decision after oral arguments, it certainly could go on for days or even a week."
Some feel it may also coincide with Hochul's announcement that she would re-evaluate the policy each time with potential two-week extensions of the mask mandate.