The Appellate Division, Second Department, granted the Commissioner of Health’s motion for a permanent stay of the enforcement of the January 24th Nassau County Supreme Court order and judgment ruling the mask mandate unconstitutional has been granted. The Court imposed a caveat, however, that the Commissioner of Health’s appeal must be “perfected” by March 2, 2022, meaning that the NY Attorney General must file its initial legal brief in support of the appeal by that date.

I’ve attached a copy of the Appellate Division’s order for your reference.

If the Attorney General does not file its initial brief by March 2nd , the Court (on its own motion), or the plaintiffs (upon providing the other parties with three days notice) may move to vacate the stay.

In the same order, the Appellate Division also granted the application filed on behalf of 8 school districts for permission to file “friend of the court” briefs in opposition to the Commissioner of Health’s motion for a stay.

BOTTOM LINE- the stay of the lower court order is in effect until at least March 2, 2022, or unless the Commissioner of Health does not extend the mask mandate beyond February 21, 2022.