NY State Mask Mandate Could Be Reinstated By Wednesday If Hochul Wins Appeal

New York's statewide mask mandate could be reinstated as soon as Wednesday if Governor Kathy Hochul's administration wins its appeal.

"The judge said he'll either give his decision either later today or tomorrow," Hochul said at a Tuesday press conference. "So we're optimistic about that and then we'll pursue all of our options."

Earlier in the afternoon, an appellate judge heard arguments from the attorney general's office asking for Hochul's mask mandate to be restored after State Supreme Court Judge Thomas Rademaker struck down the governor's order a day earlier.

Rademaker said the New York Department of Health did not have the legal authority to enforce the mandate, saying it should be left to the state legislature and ruling Hochul's order "null, void, and unenforceable"—a major blow to COVID protocols implemented by executive branches across the country.

"While the intentions of Commissioner Bassett and Governor Hochul appear to be well aimed squarely at doing what they believe is right to protect the citizens of New York State, they must take their case to the State Legislature," Rademaker wrote.

On Tuesday, Hochul said she disagreed with the Long Island judge, but that her team was evaluating all options should the appellate judge uphold Rademaker's decision.

"We disagree with their premise that it has to go to the legislature but as I said, as I'm looking at all my options, that is certainly out there," the governor said. "But we are going to see—I believe we'll win on the merits today or tomorrow when that decision comes down. And if not, we do have other alternatives."

The governor promised to appeal Monday's decision shortly after it was handed down, saying in a statement, "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."

Although the decision technically nullified the mask mandate, the state Education Department said schools "must continue to follow the mask rule" until "an appellate court issues a further ruling."

Despite the guidance of state officials, some schools already began lifting mask orders on Tuesday, leaving it up to individual students and families to make the decision for themselves.

For example, the Massapequa School District told students on its website that "While it is certain [the judge's] decision will face legal challenges, until otherwise litigated, mask-wearing will be optional for students and staff in the Massapequa Schools."

Hochul had worried that school districts would be quick to drop the mask requirements should a ruling strike down the mandate.

On Tuesday, she continued to urge students to continue wearing their masks so that in-person learning can remain in place.

"I'm encouraging parents and students to continue doing what they're doing because the last thing I want to see is a different trend because people gave up on the masks," the governor said.

"I don't want to keep any requirements for safety in place a day longer than necessary, but I will not do it a day before we can do it safely," she added.

Update 1/25/2022 4:42 PM ET: This story has been updated with additional information.