Minisink Valley parents/guardians:
Around midnight this morning, New York State Attorney General Letitia James filed a Notice of Appeal on behalf of Gov. Hochul and the Commissioner of Health.
As per legal procedure, this Notice of Appeal triggers an automatic stay, or pause, on yesterday’s Nassau County’s Supreme Court’s ruling.
This automatic stay reinstates the Commissioner of Health’s emergency regulation effective immediately.
Therefore, masks must continue to be worn in schools pending a further ruling by the Appellate Division, Second Judicial Department.
REMINDER: We are legally required to follow this automatic stay.
Here’s the filed appeal notice:
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:
- 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
We will continue to provide updates as needed. Thank you for your attention to this important information.
Jan. 24: New York State Education Department issues message on mask ruling update