New York Judge Blocks State’s Mask Mandate

But New York’s daily case numbers remain far higher than at the start of the surge in early December, and hospitals are still straining to treat about 10,000 Covid patients statewide. Hospitalizations have begun declining but remain higher than at any point since May 2020. More than 130 people each day have been dying of the virus statewide.

Justice Rademaker, who has run on the Conservative Party line, was elected to the Supreme Court in Nassau County in 2019. The Supreme Court in New York is the highest trial court in the state, but not the court of last resort; the Court of Appeal is the highest court.

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Following his ruling, some schools districts on Long Island began telling parents that masks were optional as of Tuesday morning.

“While it is certain this decision will face legal challenges, until otherwise litigated, mask wearing will be optional for students and staff in the Massapequa Schools beginning Tuesday,” the Massapequa school district posted on its website.

The Lindenhurst school district issued a similar message on Monday night, saying that it would work in accordance with the judge’s decision.

“Until otherwise directed, the wearing of masks will be optional for all students and staff members,” the district posted on Facebook. “We are also aware that this decision will undoubtedly result in an appeal from the state, which could result in the restoration of the mask mandate until the court issues further ruling.”

The ruling was applauded by some New York Republicans, including Representative Elise Stefanik, who said in a statement that it was a “win for small businesses, parents, students, and the freedom of all New Yorkers.”

“Governor Hochul’s authoritarian mandates were crushing New York small businesses that already have faced unprecedented challenges throughout the COVID-19 pandemic,” Ms. Stefanik said. “By forcing masks on the children in our schools, these mandates have impeded the development of our next generation.”