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Volume XII, Number 146


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New York Appellate Court Stays Mask Mandate Injunction

On January 25, 2022, the New York Appellate Division, Second Department granted a stay of a Nassau County trial court’s injunction of the enforcement of the state’s mask mandate, which went into effect on December 13, 2021. The mandate, which was announced by Governor Kathy Hochul on December 10, 2021, required that masks be worn in indoor public spaces, unless a covered businesses had implemented a mandatory vaccination requirement. In a recent press briefing, Governor Hochul had announced an extension of the mandate until at least February 1, 2022.

On January 24, 2022, Nassau County Supreme Court Justice Thomas Rademaker, who authored the opinion, found the New York State Department of Health’s rule instituting the mandate to be void and unenforceable. Shortly after the issuance of the decision and order, the New York State Attorney General, on behalf of the New York State Department of Health, Public Health and Health Planning Council, Mary T. Bassett in her official capacity as the Commissioner of Health for the State of New York, and Kathleen C. Hochul, in her official capacity as the Governor of the State of New York, filed a notice of appeal.

A formal hearing on the appeal is currently scheduled for Friday, January 28, 2022. Until then, the mask mandate remains in effect.

At this point, it is not expected that the court’s decision will affect local COVID-19–related measures, such as New York City’s private-sector vaccine mandate.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 26

About this Author

Kelly Cardin Employment lawyer Ogletree Deakins.

Kelly M. Cardin is an associate in the Stamford office of Ogletree Deakins. Her practice focuses on representing employers in a wide range of disputes, including those involving discrimination and retaliation claims, wage and hour claims, wrongful discharge claims, and claims under the FMLA. Kelly also represents employers in class action lawsuits, often involving wage and hour issues. Additionally, she maintains a commercial litigation practice, representing companies in breach of contract and trade secret disputes, among others. Kelly has represented clients before the...

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Jessica Schild Employment Law Attorney at Ogletree Deakins law firm in New York

Jessica Schild is an associate in the New York City office where she represents management in all aspects of litigation, including class and collective wage and hour actions, discrimination and harassment litigation, as well as handling charges before federal, state, and local agencies.

Ms. Schild is a graduate of the Hofstra University School of Law where she served as Editor-in- Chief of the Hofstra Labor and Employment Law Journal. During law school, she was also a member of Hofstra Law’s Dispute Resolution Society and successfully competed in several external...