Mask Mandate Legal Battle Ensues On Long Island

WOODMERE, NY — The state's mask mandate for schools and other indoor locations has moved into a legal battle.

After a State Supreme Court judge in Nassau County overturned Gov. Kathy Hochul's mandate on Monday evening, an appeal was filed.

A judge ruled that a stay is granted and the masks are back in effect in schools.

Hochul praises the Appellate Division for "siding with common sense" in granting the interim stay," she said in a statement. "We will not stop fighting to protect New Yorkers, and we are confident we will continue to prevail."

Asher Matathias, a professor of American government at St. John's University, lives in Woodmere and has grandchildren in several Five Towns schools.

Mathathias said striking down the mandate, at least temporarily, was a "mistake of the court."

But Nassau County Executive Bruce Blakeman saw the court ruling on Monday as a victory of sorts, as he was quick to give school districts the mask mandate option when he came into office on Jan. 1.

Matathias lumped Blakeman with fellow Republicans, Texas Gov. Greg Abb0tt, Florida Gov. Ron DeSantis and Virginia Gov. Glenn Youngkin, "in opposing the masking mandate in the mix of preventive measures to combat COVID-19."

Blakeman said Hochul should "stand down" on appealing, ABC7 said.

"School boards and organized medical groups are united opposing this judicial misapplication of the law," Matathias said.

The State Education Department said schools "should" follow the mandate while it gets sorted out in the courts.