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Judge Grants Stay On NY Mask Mandate Pending Appeal

Earlier this week, a New York judge ruled that a mask mandate including schools was invalid, but it was put back in place a day later.

The initial ruling was made by Nassau County Supreme Court Judge Thomas Rademaker. The decision blocked the mask mandate, as it was out of Gov. Kathy Hochul’s administration’s power.

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Rademaker argued that the state health department did not have the authority to issue a statewide school mask mandate.

Shortly after, the state told schools they “must continue to follow the mask rule” because the appeal would “result in an automatic stay” to keep it in place.

After the stay was granted, New York state education commissioner Betty Rosa said “We support Governor Hochul and the state Department of Health as they continue with the appeal”.

“We thank the members of our school communities for their patience during this process,” Rosa added.

New York Attorney General Letitia James said the ruling was “critical in helping to stop the spread of this virus and protect individuals young and old”.

A Long Island parent, Jen Saia, told Fox News Digital that her initial reaction to Rademaker’s decision “was joy, and then quickly that reaction turned to it’s too good to be true, something else will happen because things don’t go like this in New York”.

Saia has a preschooler and a kindergartener, both who wear eyeglasses. “We as adults know that when we wear masks our glasses fog up. For adults it’s super annoying, for children trying to learn, read mouths, and listen to sounds, it’s just an incredible distraction and a major disservice to what they’re trying to accomplish and that is to be educated and learn, and socialize,” she said.

A formal hearing on the appeal is set for Friday. Until then, the mask mandate remains in effect.