Mask Ruling Update Received January 25th,2022 at 7:30AM


Mask Ruling Update Received January 25th,2022 at 7:30AM

January 25, 2022

As the New York Department of Education indicated would occur last evening, and the District posted on our webpage and Facebook account,
the attorney general submitted a Notice of Appeal on behalf of Governor Hochul and the Commissioner of Health about midnight last night. This Notice of Appeal, as per legal procedure, causes an automatic stay, or hold, on the Nassau County Supreme Court’s verdict from yesterday. The Commissioner of Health’s emergency regulation is reinstated with
immediate effect as a result of this automatic stay. As a result, masks must be worn in classrooms until the Appellate Division, Second Judicial Department issues a new judgment. Here is the provision of the Civil Practice law and Rules that maintains in effect the state’s masking rules during the pendency of the appeal brought by the state from the Nassau County Supreme Court order. The stay negating the regulation on masking is automatic upon the filing of the appeal and doesn’t require the Appellate Division to grant it -the mere filing
puts it into effect:

§ 5519. Stay of enforcement. (a) Stay without court order. Service

  upon the adverse party of a notice of appeal or an affidavit of

  intention to move for permission to appeal stays all proceedings to

  enforce the judgment or order appealed from pending the appeal or

  determination on the motion for permission to appeal where:

    1. the appellant or moving party is the state or any political

  subdivision of the state or any officer or agency of the state or of any

  political subdivision of the state

As the situation develops, we will continue to keep you updated.


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