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New York attorneys file motion to reargue appellate case concerning mask mandate in schools

Attorneys for 14 Long Island parents have recently filed a motion to reargue a mid-level appeals court’s stay on a judge’s ruling that found New York’s mask mandate unconstitutional.

The motion comes in the wake of Governor Kathy Hochul’s decision to end the state’s indoor mask mandate for businesses while keeping the mask requirement in place for schools.

RELATED: Supreme Court: Hochul did not have authority to enact mask mandate in businesses or schools

Understanding New York’s mask mandate court battle


“Coincidentally, the governor’s Feb. 9 announcement came shortly after several states announced they would be lifting their own masking requirements,” wrote the attorneys, according to Albany Times-Union. “No other state department of health has expanded its own power, without legislative authorization, to rule by administrative edicts.”


The appellate division will decide whether or not to overturn the stay on State Supreme Court Justice Thomas Rademaker’s ruling on the mask mandate. If the appellate court upholds Rademaker’s decision, the mask mandate would be lifted in Nassau County schools.

Filings for the case are expected to be submitted by Wednesday, February 23.



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