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UPDATE: Judge throws out New York mask mandate, but Hochul fights back


The mask mandate issued by Governor Kathy Hochul and extended by the Health Department is up in the air. State Supreme Court Justice Thomas Rademacher said that Hochul exceeded her authority.

by David Stone

The Roosevelt Island Daily News

UPDATE, January 26th, 2022: On Tuesday afternoon, NYS Court of Appeals Justice Robert J. Miller, stayed a ruling from the day before that voided New York’s mask mandate for indoor venues. The mandate will remain in place at least until a hearing on Friday.

“These measures are critical tools to prevent the spread of COVID-19, make schools and businesses safe, and save lives,” Governor Hochul said in a statement released by her office. “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.”

Attorney General Letitia James is handling the appeal.

End of update.


Although the ruling immediately voids the mandate covering indoor activities, the state’s Attorney General will appeal, which restores it until the appellate court decides.

“My responsibility as Governor is to protect New Yorkers throughout this public health crisis, and these measures help prevent the spread of COVID-19 and save lives,” Hochul said in a statement released by her office. “We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”

The mandate is set to expire on February 1st, but with the Omicron surge still affecting New York communities, an extension is possible.

Mix in a little Sarah Palin

In a related story, the New York Times reports that an unvaccinated Sarah Palin dined a Elio’s, and Upper East Side Italian restaurant on Saturday. It was disclosed on Monday that her lawsuit against the Times had to be delayed because she tested positive for COVID.

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