NEW YORK (WETM) – Governor Kathy Hochul’s indoor mask mandate was granted a full stay by New York’s Appellate court, as the appeals process continues.

The New York State Supreme Court Judge’s decision, last week, ruled executive order unconstitutional, saying neither the governor nor state health commissioner had the authority to enact the mandate without the state Legislature.

After New York’s Appellate court ruling on Monday, the mask mandate will be upheld for all public indoor spaces during the state’s appeal.

Gov. Hochul released a statement regarding the full stay of mask regulation:

“I commend the Appellate Division, Second Department for granting a full stay to keep our masking regulations in place for the duration of our appeal. My primary responsibility as Governor is to keep New Yorkers safe. Mask regulations keep our schools and businesses safe and open, protect vulnerable New Yorkers, and are critical tools as we work to get through this winter surge. Thanks to our efforts, including mask regulations, cases are declining and we are seeing major progress in the fight against COVID-19. I thank the Attorney General and her team for their defense of these common sense measures, and I am confident we will continue to prevail. We are committed to doing everything in our power to keep New Yorkers safe.”

Gov. Kathy Hochul

On Friday, Gov. Hochul extended the “mask or proof of vaccination” policy for all indoor public places until February 10th, but that policy would be re-evaluated every two weeks.