N.Y. Comp. Codes R. & Regs. tit. 99 § 202.93
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law and any directives, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until March 13, 2021, and do hereby temporarily suspend or modify the following from the date of this Executive Order through March 13, 2021.
IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of this Executive Order through March 13, 2021:
* The directive contained in Executive Order 202.81, as continued, which suspended authorization for indoor dining within New York City, is hereby modified to allow indoor food services and dining at 25% capacity in New York City beginning February 12, 2021, provided that Department of Health guidance and any other applicable State-issued guidance is strictly adhered to.
* The directive contained in 202.68, as modified, that required the Department of Health to determine areas in the State that require enhanced public health restrictions based on cluster-based cases of COVID-19 is hereby modified to provide that, there shall not be capacity restrictions on houses of worship located within the geographic areas designated by the Department of Health as "red," "orange," or "yellow" zones, beyond the restrictions contained in the Department of Health guidance relating to such facilities.
* Notwithstanding any provision of law or a party rules to the contrary, any party caucus, party meeting or party convention held pursuant to the Election Law in the year two thousand twenty one while this suspension is effective, may be held by telephonic or video conferencing means in whole or in part at the discretion of the chairperson calling such meeting; provided, however, that any required notice shall include instructions to participants as to how to access such video teleconference.
IN ADDITION, by virtue of the authority vested in me by Section 925-a of the Real Property Tax Law to extend during a State disaster emergency the period for paying property taxes without interest or penalties upon request of the chief executive officer of an affected county, city, town, village or school district, I do hereby extend by twenty-one days the period for paying, without interest or penalty, property taxes that are due in the following localities that have requested such an extension: Village of Lynbrook, Nassau County.
Signed: Andrew M. Cuomo
Dated: February 11, 2021
Executive Order No. 202.94
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law and any directives, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until March 16, 2021, and do hereby temporarily suspend or modify the following from the date of this Executive Order through March 16, 2021:
* Sections 201, 202, and 203 of the Eminent Domain Procedure Law, to the extent necessary to permit the MTA or subsidiary entities to hold public hearings remotely and through use of telephone conference, video conference, and/or other means of transmission, provided that public comments must be permitted electronically or by mail, and to permit all required documentation and records to be available electronically upon request; and
* Subdivision 3 of section 5-304 of the Election Law, only to the extent necessary to provide that for the calendar year 2021, the deadline for a change of enrollment, or a new enrollment, of a registered voter shall be accepted by the Board of Elections through the next business day following February 14th, and any such change of enrollment received by the Board of Elections shall be processed until February 16, 2021, whether or not transmitted prior to February 14th.
IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of this Executive Order through March 16, 2021:
* The directive contained in Executive Order 202.74 that required all businesses that are licensed by the State Liquor Authority under sections 63 and 79 of the Alcoholic Beverage Control Law ("liquor stores" and "wine stores") to cease all off premises sales and close at or before 10:00PM, is modified only to the extent that all such businesses shall cease off premises sales and close at or before at 11:00PM;
* The directive contained in Executive Order 202.74 that required all restaurants, irrespective of whether such restaurant is licensed by the State Liquor Authority, to cease in-person dining at 10:00PM, is hereby modified only to the extent that all such restaurants shall cease in-person dining at or before 11:00PM;
* The directive contained in Executive Order 202.74 that required all businesses that are licensed by the State Liquor Authority for on premises service of alcoholic beverages, to cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 10:00PM is hereby modified only to the extent that all such businesses shall cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 11:00PM; and provided further licensees operating bowling alleys or casinos shall cease all operations at or before 11:00PM.
* The directive contained in Executive Order 202.74 that required any gym or fitness center to cease operation and close to the public at 10:00PM is hereby modified only to the extent that any such business shall cease operation and close to the public at 11:00PM.
Signed: Andrew M. Cuomo
Dated: February 14, 2021
Executive Order No. 202.95
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law and any directives, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until March 24, 2021,
IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of this Executive Order through March 24, 2021:
* A teacher employed by a P-12 school (public or non-public) or school district must report that they have received a COVID-19 vaccination to their employing school or school district upon request of the district for purposes of Department of Health reporting only. Nothing contained within this directive shall be read as requiring any teacher to receive the COVID-19 vaccination.
* Commencing Wednesday February 24, 2021 and every Friday thereafter, every school and school district shall report to the Department of Health, on a weekly basis, in a form and manner to be determined by the Department, the number of completed COVID-19 vaccinations reported in the prior week, as well as the number and percentage of teachers instructing students in-person during the prior week. Such weekly report shall include any other data elements as the Commissioner of Health determines to be appropriate to track in-person instruction in such schools and school districts.
Signed: Andrew M. Cuomo
Dated: February 25, 2021
Executive Order No. 202.96
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby find that a disaster continues to exist for which affected state agencies and local governments are unable to respond adequately. Therefore, pursuant to the authority vested in me by the Constitution of the State of New York and Section 28 of Article 2-B of the Executive Law, I hereby continue for thirty days the declaration of the State Disaster Emergency effective March 7, 2020, as set forth in Executive Order 202. This Executive order shall remain in effect through March 28, 2021;
IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law and any directives, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days through March 28, 2021.
IN ADDITION, by virtue of the authority vested in me by Section 925-a of the Real Property Tax Law to extend during a State disaster emergency the period for paying property taxes without interest or penalties upon request of the chief executive officer of an affected county, city, town, village or school district, I do hereby extend by twenty-one days the period for paying, without interest or penalty, property taxes that are due in the following localities that have requested such an extension: Town of Bedford, Westchester County; Town of New Castle, Westchester County;
IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of this Executive Order through March 28, 2021:
* The directives contained within Executive Order 202.95 are hereby modified to repeal such directives and require every Local Health Department shall report the number of eligible P-12 teachers and the number of eligible P-12 school staff vaccinated to the Department of Health upon request, in a form and manner to be determined by the Department;
* The directive contained in Executive Order 202.5, as extended, that closed to the public all places of public amusement, whether indoors or outdoors, is hereby modified to provide that all indoor family entertainment centers and places of amusement shall be permitted to open to the public subject to adherence to state-issued guidance at 25% capacity on March 26, 2021. All outdoor amusement parks shall be permitted to open to the public subject to adherence to state-issued guidance at 33% capacity on April 9, 2021;
* The directive contained in Executive Order 202.70, as extended, that required certain movie theatres to remain closed, is hereby modified to provide that movie theatres in any location of the state shall be allowed to open effective March 5, 2021, at 25% capacity with up to 50 people maximum per screen, subject to strict adherence to Department of Health guidance;
* The directive contained in Executive Order 202.93, as continued, that allowed indoor food services and dining at 25% capacity in New York City beginning February 12, 2021, is hereby modified to allow indoor food services and dining at 35% capacity in New York City beginning February 26, 2021, provided that Department of Health guidance and any other applicable State-issued guidance is strictly adhered to.
Signed: Andrew M. Cuomo
Dated: February 26, 2021
Executive Order No. 202.97
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency Executive Order.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until April 16, 2021, and do hereby temporarily suspend or modify the following from the date of this Executive Order through April 16, 2021:
*Section 171-w of the Tax Law, to the extent necessary to preclude the Commissioner of Taxation and Finance from notifying delinquent property owners of the impending disallowance of their STAR credits or exemptions due to past-due property taxes, and to further preclude the Commissioner from proceeding to disallow STAR credits or exemptions thereunder due to the failure of delinquent property owners to pay past-due property taxes in full;
IN ADDITION, by virtue of the authority vested in me by Section 925-a of the Real Property Tax Law to extend during a State disaster emergency the period for paying property taxes without interest or penalties upon request of the chief executive officer of an affected county, city, town, village or school district, I do hereby extend by twenty-one days the period for paying, without interest or penalty, property taxes that are due in the following localities that have requested such an extension: Village/Town of Mount Kisco, Westchester County;
IN ADDITION, by virtue of the authority vested in me by Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I hereby modify and extend the following directives consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through April 16, 2021:
* The directive contained in Executive Order 202.41 that permitted indoor dining to resume subject to Department of Health guidance is hereby extended and modified to permit indoor dining in areas outside of New York City to operate at 75% of maximum capacity, effective March 19, 2021, provided that Department of Health guidance and any other applicable State-issued guidance is strictly adhered to.
* The directive contained in Executive Order 202.96 that allowed indoor food services and dining at 35% capacity in New York City beginning February 26, 2021, is hereby extended and modified to allow indoor food services and dining at 50% capacity in New York City beginning March 19, 2021, provided that Department of Health guidance and any other applicable State-issued guidance is strictly adhered to.
* The directive contained in Executive Order 202.91 that required certain vaccination providers to prioritize individuals is hereby extended and modified to provide that effective March 10, 2021, pharmacies shall prioritize the following groups for vaccination:
Signed: Andrew M. Cuomo
Dated: March 17, 2021
Executive Order No. 202.98
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency Executive Order.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until April 20, 2021.
IN ADDITION, by virtue of the authority vested in me by Section 925-a of the Real Property Tax Law to extend during a State disaster emergency the period for paying property taxes without interest or penalties upon request of the chief executive officer of an affected county, city, town, village or school district, I do hereby extend by twenty-one days the period for paying, without interest or penalty, property taxes that are due in the following localities that have requested such an extension: Village of Great Neck Estates, Nassau County;
IN ADDITION, by virtue of the authority vested in me by Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I hereby modify and extend the following directives consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through April 20, 2021:
* The directive contained in Executive Order 202.57 that allowed local chief executives to postpone the operation of any gym, fitness center or class is hereby extended and modified to provide that, effective March 22, 2021, indoor fitness classes shall be permitted to operate, subject to adherence to Department of Health guidance.
* The directive contained in Executive Order 202.74 that limited non-essential private residential gatherings to 10 or fewer individuals is hereby extended and modified only insofar as to permit non-essential private residential outdoor gatherings of up to 25 people, effective March 22, 2021, provided that social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health are adhered to; in addition, it is hereby further modified, effective April 2, 2021, to permit events, arts, and entertainment venues to reopen at up to 33% capacity, with up to 100 people indoors and up to 200 people outdoors, or up to 150 people indoors and up to 500 people outdoors if all attendees present proof of a negative COVID-19 test, provided that social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health are adhered to.
Signed: Andrew M. Cuomo
Dated: March 21, 2021
Executive Order No. 202.99
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby find that a disaster continues to exist for which affected state agencies and local governments are unable to respond adequately. Therefore, pursuant to the authority vested in me by the Constitution of the State of New York and Section 28 of Article 2-B of the Executive Law, I hereby continue for thirty days the declaration of the State Disaster Emergency effective March 7, 2020, as set forth in Executive Order 202. This Executive order shall remain in effect through April 25, 2021.
IN ADDITION, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until April 25, 2021.
IN ADDITION, by virtue of the authority vested in me by Section 925-a of the Real Property Tax Law to extend during a State disaster emergency the period for paying property taxes without interest or penalties upon request of the chief executive officer of an affected county, city, town, village or school district, I do hereby extend by twenty-one days the period for paying, without interest or penalty, property taxes that are due in the following localities that have requested such an extension: Town of Mount Pleasant, Westchester County;
IN ADDITION, by virtue of the authority vested in me by Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I hereby modify and extend the following directives consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through April 25, 2021:
* The directive contained in Executive Order 202.91, as modified by Executive Order 202.97, that required pharmacies to prioritize certain individuals for vaccinations is hereby further modified to provide that pharmacies shall prioritize the following groups for vaccinations:
Signed: Andrew M. Cuomo
Dated: March 26, 2021
Executive Order No. 202.100
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until April 30, 2021.
IN ADDITION, by virtue of the authority vested in me by Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I hereby modify and extend the following directives consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through April 30, 2021:
* The directive contained in Executive Order 202.30, as extended and modified, which required that nursing home operators or administrators certify that they are able to properly care for a patient, and which required that the article 28 general hospital obtain a negative COVID-19 diagnostic test result prior to discharge, is hereby further modified and extended to provide that no Article 28 general hospital shall discharge a patient to a nursing home, without first offering to medically eligible patients and, if the patient consents, providing a COVID-19 vaccine to such patient.
Signed: Andrew M. Cuomo
Dated: March 31, 2021
Executive Order No. 202.101
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until May 6, 2021.
IN ADDITION, by virtue of the authority vested in me by Section 925-a of the Real Property Tax Law to extend during a State disaster emergency the period for paying property taxes without interest or penalties upon request of the chief executive officer of an affected county, city, town, village or school district, I do hereby extend by twenty-one days the period for paying, without interest or penalty, property taxes that are due in the following localities that have requested such an extension: Village of Warwick, Orange County;
IN ADDITION, by virtue of the authority vested in me by Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I hereby extend any directives unless superseded, modified, or otherwise expired made by Executive Order 202 and each successor Executive Order to 202, for thirty days until May 6, 2021, and I do hereby modify and extend the following directives consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through May 6, 2021:
* The directive contained in Executive Order 202.45 that permitted professional sports without fans is hereby extended and modified to provide that beginning April 1, 2021, large outdoor stadiums that hold 10,000 people or more are permitted to operate at 20% capacity, provided that all attendees must show proof of a negative COVID-19 test or completed vaccination series and state-issued guidance is adhered to. Regional sports venues that hold 1500 or more people indoors or 2500 or more people outdoors shall be permitted to operate at 10% capacity indoors and 20% capacity outdoors, effective April 1, 2021, provided that all attendees must show proof of a negative COVID-19 test or completed vaccination series and state-issued guidance is adhered to. Large outdoor performing arts venues that hold 2500 or more people, including stadiums, are permitted to operate, effective April 1, 2021, at 20% capacity, provided that all attendees must show proof of a negative COVID-19 test or completed vaccination series and state-issued guidance is adhered to.
* Effective April 5, 2021, the directive contained in Executive Order 202.94 that required any gym or fitness center to cease operation and close to the public at 11:00PM shall no longer be in effect.
* Effective April 5, 2021 the directive contained in Executive Order 202.94 that required businesses licensed by the State Liquor Authority for on premises service of alcoholic beverages, be modified to the extent that any licensed business that may under its license offer an otherwise permissible activity pursuant to current Department of Health guidelines, may continue to offer such activity after food and beverage service is required to end and until the earlier of any stipulated closing time or the county on premises closing time. This provision shall be subject to reasonable limitations and guidance set by the Chairman of the State Liquor Authority.
* The directive contained in 202.30, as extended and modified, is further modified and extended to provide that no Article 28 general hospital shall discharge a patient to a nursing home, adult care facility, or long-term care facility without first offering to medically eligible patients and, if the patient consents, providing a COVID-19 vaccine to such patient.
Signed: Andrew M. Cuomo
Dated: April 6, 2021
Executive Order No. 202.102
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until May, 19, 2021.
IN ADDITION, by virtue of the authority vested in me by Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I do hereby modify and extend the following directive consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through May 19,2021:
* The directive contained in Executive Order 202.94, as extended and modified, that required businesses licensed by the State Liquor Authority for on-premises service of alcoholic beverages to cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 11:00PM, provided all Department of Health guidance is adhered to, is further modified and extended only insofar as to provide that food and beverage establishments cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 12:00AM, effective April 19, 2021.
IN ADDITION, the following directive is no longer in effect:
* The directive contained in Executive Order 202.88 that required any healthcare facility, provider, or entity who has been allocated and has received COVID-19 vaccine, or who has received redistributed COVID-19 vaccine, must administer all such vaccine within one week of its receipt by such facility and provided that failure to administer vaccine in accordance with this process may result in a civil penalty of up to $100,000, and/or reduction or elimination of future allocations of vaccine.
Signed: Andrew M. Cuomo
Dated: April 19, 2021
Executive Order No. 202.103
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby find that a disaster continues to exist for which affected state agencies and local governments are unable to respond adequately. Therefore, pursuant to the authority vested in me by the Constitution of the State of New York and Section 28 of Article 2-B of the Executive Law, I hereby continue for thirty days the declaration of the State Disaster Emergency effective March 7, 2020, as set forth in Executive Order 202. This Executive order shall remain in effect through May 25, 2021.
IN ADDITION, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days through May 25, 2021.
Signed: Andrew M. Cuomo
Dated: April 25, 2021
Executive Order No. 202.104
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law and Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I do hereby modify and extend the following directive consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through May 26, 2021:
* The directive contained in Executive Orders 202.96, as extended and modified, that permitted movie theaters in any location of the state to open effective March 5, 2021, at 25% capacity with up to 50 people maximum per screen, subject to strict adherence to Department of Health guidance, is further extended and modified to provide that movie theaters shall be permitted to operate at an occupancy level determined by the Department of Health, effective April 26, 2021, subject to state-issued guidance.
Signed: Andrew M. Cuomo
Dated: April 26, 2021
Executive Order No. 202.105
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days through May 27, 2021.
IN ADDITION, by virtue of the authority vested in me by Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I do hereby modify and extend the following directive consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through May 27, 2021:
* The directive contained in Executive Order 202.17, as extended, that required any individual over the age of two to cover their nose or mouth with a mask or cloth face-covering when in a public place, is hereby extended and modified only insofar as to no longer require individuals who have a completed COVID-19 vaccination series to cover their noses or mouths while outdoors, except in crowded settings and venues.
IN ADDITION, the following directives shall no longer be in effect:
* The directive contained in Executive Order 202.91, as modified by Executive Orders 202.97 and 202.99, that required certain vaccine providers to prioritize the following groups for vaccination:
* The directive contained in Executive Order 202.86 that provided that any licensed healthcare provider who administers the vaccine to an individual who has not certified to being a member of a priority group or where such provider otherwise has knowledge that the individual is not a member of the priority group may be subject to civil penalties of up to one million dollars per dose administered and/or the revocation of any state-issued license.
Signed: Andrew M. Cuomo
Dated: April 27, 2021
Executive Order No. 202.106
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days through June 5, 2021 except:
* Any and all suspensions and modifications of the Criminal Procedure Law presently in effect are hereby rescinded, except as follows:
> Any and all current suspensions and modification of Criminal Procedure Law Article 182 allowing for the expanded use of electronic appearances remain in effect.
> The current suspensions and modifications of Criminal Procedure Law sections 30.30 and 190.80 remain in effect through and including May 23, 2021 and are thereafter rescinded.
> The current modification of Criminal Procedure Law Section 150.40 extending the return date for an appearance ticket is hereby further modified reducing the timeframe from ninety to sixty days.
IN ADDITION, by virtue of the authority vested in me by Section 925-a of the Real Property Tax Law to extend during a State disaster emergency the period for paying property taxes without interest or penalties upon request of the chief executive officer of an affected county, city, town, village or school district, I do hereby extend by twenty-one days the period for paying, without interest or penalty, property taxes that are due in the following localities that have requested such an extension: Village of Bellport, Suffolk County; Village of Chester, Orange County;
IN ADDITION, by virtue of the authority vested in me by Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I hereby extend any directives unless superseded, modified, or otherwise expired made by Executive Order 202 and each successor Executive Order to 202, for thirty days until June 5, 2021, and I do hereby modify and extend the following directives consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through June 5, 2021:
* The directive contained in Executive Order 202.97 that allowed indoor food services and dining at 50% capacity in New York City, is hereby extended and modified to allow indoor food services and dining at 75% capacity in New York City beginning May 7, 2021, provided that Department of Health guidance and any other applicable State-issued guidance is strictly adhered to.
* The directive contained in Executive Order 202.60, as extended, that required in certain circumstances a coroner or medical examiner to administer a COVID-19 and influenza test within 48 hours after deaths, is hereby extended and modified only insofar as to no longer require in such circumstances the administration of an influenza test.
IN ADDITION, the following directives shall no longer be in effect:
* The directive contained in Executive Order 202.68, as extended and modified, that directed the Department of Health to determine areas in the State that require enhanced public health restrictions based upon cluster-based cases of COVID-19.
Signed: Andrew M. Cuomo
Dated: May 6, 2021
Executive Order No. 202.107
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days through June 9, 2021.
IN ADDITION, by virtue of the authority vested in me by Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I do hereby modify and extend the following directives consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through June 9, 2021:
* The directive contained in Executive Order 202.98 that limited non-essential private residential outdoor gatherings of up to 25 people is hereby further modified to provide that the limit on private residential outdoor gatherings shall no longer be in effect as of May 19, 2021. In addition, it is hereby further modified, effective May 10, 2021, to permit up to 500 people to attend outdoor social gatherings at events, arts, and entertainment venues, subject to Department of Health guidance. Effective May 19, 2021, up to 250 people are permitted to attend indoor social gatherings at events, arts, and entertainment venues and up to 50 people are permitted to attend residential indoor gatherings, subject to Department of Health guidance.
Signed: Andrew M. Cuomo
Dated: May 10, 2021
Executive Order No. 202.108
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days through June 16, 2021.
IN ADDITION, by virtue of the authority vested in me by Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I do hereby modify and extend the following directives consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through June 16, 2021:
* The directives contained in Executive Orders 202.38, 202.96, 202.97, 202.106 that each limited capacity at houses of worships, places of public amusement, whether indoors or outdoors, and indoor dining and food services in New York City and in areas outside of New York City, respectively, are hereby further extended and modified to provide that, effective May 19, 2021, there shall no longer be capacity limits based on percentage of maximum occupancy on such entities, subject to adherence to Department of Health guidance.
* The directive contained in Executive Order 202.101, as extended and modified, that permitted large outdoor stadiums that hold 10,000 people or more to operate at 20% capacity and large outdoor performing arts venues that hold 2,500 or more people, including stadiums, to operate at 20% capacity, is further extended and modified to provide that, effective May 19, 2021, there shall no longer be capacity limits based on percentage of maximum occupancy for large outdoor venues, including sports, performing arts and live entertainment, and horse and auto racing venues, subject to adherence to Department of Health guidance. Large indoor event venues shall be permitted to operate at a capacity to be determined by the Department of Health, effective May 19, 2021, provided that applicable state-issued guidance is adhered to.
* The directive contained in Executive Order 202.102 as extended and modified, that required businesses licensed by the State Liquor Authority for on-premises service of alcoholic beverages, to cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 12:00AM, provided all Department of Health guidance is adhered to, is further modified only insofar as to provide that food and beverage establishments shall, effective May 17, 2021, no longer be required to cease all on premises outdoor service and consumption of food and beverages (including alcoholic beverages) at or before 12:00AM. Effective May 31, 2021, food and beverage establishments shall no longer be required to cease all on premises indoor service and consumption of food and beverages (including alcoholic beverages) at or before 12:00AM.
* The directive contained in Executive Order 202.17, as extended and modified by Executive Order 202.105, that required any individual over the age of two to cover their nose or mouth with a mask or cloth face-covering when in a public place, is hereby extended and modified only insofar as to no longer require, effective May 19, 2021, individuals who are fully vaccinated to cover their noses or mouths with a mask or cloth face-covering while indoors except in certain settings as prescribed in Department of Health guidance, which aligns with guidance published by the Centers for Disease Control and Prevention (CDC).
* The directive contained in Executive Order 202.8, as modified by Executive Order 202.43, that permitted in-person transactions at county-operated Department of Motor Vehicles offices only if such transactions are conducted by appointment only shall no longer be in effect.
Signed: Andrew M. Cuomo
Dated: May 17, 2021
Executive Order No. 202.109
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby find that a disaster continues to exist for which affected state agencies and local governments are unable to respond adequately. Therefore, pursuant to the authority vested in me by the Constitution of the State of New York and Section 28 of Article 2-B of the Executive Law, I hereby continue for thirty days the declaration of the State Disaster Emergency effective March 7, 2020, as set forth in Executive Order 202. This Executive order shall remain in effect through June 24, 2021.
IN ADDITION, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days through June 24, 2021.
Signed: Andrew M. Cuomo
Dated: May 25, 2021
Executive Order No. 202.110
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days through July 5, 2021.
IN ADDITION, by virtue of the authority vested in me by Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I hereby extend any directives unless superseded, modified, or otherwise expired made by Executive Order 202 and each successor Executive Order to 202, for thirty days through July 5, 2021.
Signed: Andrew M. Cuomo
Dated: June 5, 2021
Executive Order No. 202.111
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York;
WHEREAS, New York State has administered 20,212,046 doses of COVD-19 vaccine, and 70% of adults in the State have received at least one dose of the vaccine; and
WHEREAS, transmission of COVID-19 and community spread of the virus is still occurring in this State, though the daily reported new cases continue to trend downward;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law do hereby discontinue the directive contained in Executive Order 202.107, as extended, insofar as it limited the number of people permitted to attend residential indoor gatherings and indoor social gatherings at events, arts, and entertainment venues, other than large-scale venues. Effective immediately, there shall no longer be capacity limits on such gatherings.
Signed: Andrew M. Cuomo
Dated: June 15, 2021
N.Y. Comp. Codes R. & Regs. Tit. 99 § 202.93