EXECUTIVE ORDERS / EMERGENCY & UPDATED DECLARATIONS / REGULATIONS & BILLS LINK

[ipfd320]

MAY 21, 2020
6:45pm
Albany, NY

No. 202.32: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
https://www.governor.ny.gov/news/no-20232-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency



No. 202.32
E X E C U T I V E  O R D E R
Continuing Temporary Suspension and Modification of LawsRelating 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Article 2-B of the Executive Law, do hereby continue the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202.23 and each successor Executive Order up to and including Executive Order 202.27, for thirty days until June 20, 2020.

IN ADDITION, I hereby temporarily suspend or modify the following for the period from the date of this Executive Order through June 20, 2020, the following:

* Subdivision (1) of section 576-b of the Public Health Law and section 58-1.7 and 58-1.8 of Title 10 of the NYCRR, to the extent
   necessary to, in furtherance of Executive Order 202.30 and any extensions thereof, allow clinical laboratories to accept and examine
   specimens for COVID-19 testing, from personnel of nursing homes and adult care facilities, as such personnel are defined in Executive
   Order 202.30, without a prescription or order from an authorized ordering source, and to report the results of such tests to the
   appropriate operators and administrators of the nursing home or adult care facility for which the person for whom the test was
   performed provides services; provided that, to ensure appropriate follow-up with patients who test positive for COVID-19, the facility
   administrator shall contact the local health department to ensure all facility personnel who test positive are provided appropriate
   clinical guidance as well as appropriate isolation orders; and

* Section 6530 of the Education Law, to the extent necessary to allow physicians to order COVID-19 tests, authorized by the U.S.
   Food and Drug Administration (FDA) for self-collection, without otherwise having an initial physician-patient relationship with the
   patient.

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 Antwerp, Jefferson County; Village of Asharoken, Suffolk County; Village of Bainbridge, Chenango County; Village of Bayville, Nassau County; Village of Bronxville, Westchester County; Village of Canastota, Madison County; Village of Cedarhurst, Nassau County; Village of Chester, Orange County; Village of Chittenango, Madison County; City of Corning, Steuben County; Village of Coxsackie, Greene County; Village of Croton-on-Hudson, Westchester County; Village of Delhi, Delaware County; Village of Deposit, Broom-Delaware County; Village of Dexter, Jefferson County; Village of Dryden, Tompkins County; Town/Village of East Rochester, Monroe County; Village of East Rockaway, Nassau County; Village of Flower Hill, Nassau County; Grand-View-on-Hudson, Rockland County; Village of Granville, Washington County; Village of Great Neck, Nassau County; Village of Great Neck Estates, Nassau County; Village of Haverstraw, Rockland County; Village of Herkimer, Herkimer County; Village of Holland Patent, Oneida County; Village of Holley, Orleans County; Village of Huntington Bay, Suffolk County; Village of Kings Point, Nassau County; Village of Irvington, Westchester County; Village of Lynbrook, Nassau County; Village of Massapequa Park, Nassau County; Village of Massena, St. Lawrence County; Village of Menands, Albany County; Village of Mexico, Oswego County; Village of Mill Neck, Nassau County; Village of Millport, Chemung County; Village of Naples, Ontario County; Village of Nassau, Rensselaer County; Village of New Hartford, Oneida County; Village of New York Mills, Oneida County; Village of Old Westbury, Nassau County; Village of Orchard Park, Erie County; Village of Oyster Bay Cove, Nassau County; Village of Pawling, Dutchess County; Village of Poland, Herkimer County; Village of Pulaski, Oswego County; Village of Quogue, Suffolk County; Village of Roslyn, Nassau County; Village of Roslyn Harbor, Nassau County; Village of Saranac Lake, Franklin-Essex Counties; Village of Saugerties, Ulster County; Village of Scottsville, Monroe County; Village of Sea Cliff, Nassau County; Village of Sidney, Delaware County; Village of Spencerport, Monroe County; Village of Sodus, Wayne County; Village of South Glens Falls, Saratoga County; Village of Trumansburg, Tompkins County; Village of Tuckahoe, Westchester County; Village of Upper Nyack, Rockland County; Village of Warwick, Orange County; Village of Wesley Hills, Rockland County; Village of West Haverstraw, Rockland County; Village of Westbury, Nassau County; Village of Whitehall, Washington County; Village of Whitesboro, Oneida County; Village of Williston Park, Nassau County; Village of Valley Stream, Nassau County; Village of Floral Park, Nassau County; Village of Schoharie, Schoharie County; and the County of Suffolk..

IN ADDITION, by virtue of the authority vested in me by Section 925-a of the Real Property Tax Law, I do hereby retroactively extend by twenty-one days the period for paying without interest or penalty the property taxes that were due by April 1, 2020, in the Village of Head of the Harbor, Suffolk County, and the Village of Russell Gardens, Nassau 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 do hereby issue the following directives for the period from the date of this Executive Order through June 20, 2020:

* Any licensee or franchisee of a racetrack in the State is hereby permitted to operate such racetrack as of June 1, 2020, provided such
   racetrack does not permit any visitor or fan into the facility, and allows on site only essential personnel; and provided further that
   such licensee or franchisee of a racetrack, and all essential personnel adhere to any directive or guidance issued by the Department
   of Health and/or by the Gaming Commission.

* Executive Order 202.10 (as later extended by Executive Order 202.18 and Executive Order 202.29) which prohibited all non-essential
   gatherings of any size for any reason, is hereby modified to permit a gathering of ten or fewer individuals for any religious service or
   ceremony, or for the purposes of any Memorial Day service or commemoration, provided that social distancing protocols and cleaning
   and disinfection protocols required by the Department of Health are adhered to, and provided further, that any drive-in or remote
   religious service may continue in excess of the ten person limit so long as there is no in-person contact between participants. Vehicle
   caravans are permitted.

* The authority of the Commissioner of Taxation and Finance to abate late filing and payment penalties pursuant to section 1145 of
   the Tax Law is hereby expanded to authorize abatement of interest and penalties for a period of up to 100 days for taxpayers who
   were required to file returns and remit sales and use taxes by March 20, 2020, for the sales tax quarterly period that ended February
   29, 2020.

IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law, I hereby suspend or modify the following provisions included in Executive Order 202.22,  for the period from the date of this Executive Order through June 20, 2020, unless an earlier date is specified below:

* Article 5 of the Real Property Tax Law, and analogous provisions of any other general or special laws that require a tentative
   assessment roll to be filed on or before June 1, 2020, to allow the tentative and final assessment rolls to be filed, at local option, up
   to 30 days later than otherwise allowable, to allow an assessing unit to set a date for hearing assessment complaints that is at least
   21 days after the filing of the tentative roll, to allow notice of the filing of the tentative roll to be published solely online so long as the
   date for hearing complaints is prominently displayed, to suspend in-person inspection of the tentative roll, and to allow local Boards
   of Assessment Review to hear complaints remotely by conference call or similar service, provided that complainants can present their
   complaints through such service and the public has the ability to view or listen to such proceeding;

* Section 1212 of the Real Property Tax Law, to the extent necessary to allow the commissioner of taxation and finance to certify final
   state equalization rate, class ratios, and class equalization rates, if required, no later than ten days prior to the last date set by law for
   levy of taxes of any municipal corporation to which such equalization rate, class ratios, and class equalization rates are applicable;

* Section 1512(1) of the Real Property Tax Law and Sections 283.291 and 283.221 of the Laws of Westchester County, are suspended
   to allow the County Executive to negotiate with any town supervisor or mayor of any city, to accept a lesser percentage of taxes,
   special ad valorem levies or special assessments which are otherwise due on May 25, provided that in no event shall any town or city
   be required to pay more than sixty percent. The County Executive is empowered to determine whether or not penalties for late
   payment or interest are able to be waived dependent on whether or not such town or city applies the County Executive’s criteria for
   determining hardship due to COVID-19;

* Section 283.221 of the Laws of Westchester County is further suspended to the extent necessary to require the supervisor of a town,
   to waive payment of penalties for late payment of county and county district taxes under section 283.221 up to July 15, 2020, and
   waive payment of penalties for late payment of town and town district taxes and assessments in the same manner, provided such
   town applies the County Executive’s criteria for the determination of hardship due to COVID-19;

* Section 1512(1) of the Real Property Tax Law and any penalty provision of the tax code of a city within Westchester County is further
   suspended to the extent necessary to allow the mayor of that City to waive the payment of penalties for late payment of county and
   county district taxes and to further waive payment of penalties for late payment of city and city district taxes and assessments in the
   same manner, provided such city applies the County Executive’s criteria for the determination of hardship due to COVID-19;

* Section 5-18.0(2) of the Nassau County Administrative Code, to the extent necessary to allow the Nassau County Executive to
   extend until June 1, 2020, the deadline to pay without interest or penalty the final one-half of school taxes upon real estate in such
   county.


G I V E N   under my hand and the Privy Seal of the State in the City of Albany this twenty-first day of May in the year two thousand twenty.

BY THE GOVERNOR         

Secretary to the Governor

[ipfd320]

MAY 22, 2020
Albany, NY


No. 202.33: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
https://www.governor.ny.gov/news/no-20233-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency



No. 202.33
E X E C U T I V E  O R D E R
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 issue any directive during a disaster emergency necessary to cope with the disaster, I do hereby issue the following directives for the period from the date of this Executive Order through June 21, 2020:

* Executive Order 202.10, as later extended by Executive Order 202.18, Executive Order 202.29 and as extended and amended by
   Executive Order 202.32, which prohibited all non-essential gatherings of any size for any reason, except for any religious service or
   ceremony, or for the purposes of any Memorial Day service or commemoration, which allowed ten or fewer individuals to gather,
   provided that social distancing protocols and cleaning and disinfection protocols required by the Department of Health are adhered to
   is hereby modified to permit any non-essential gathering of ten or fewer individuals, for any lawful purpose or reason, provided that
   social distancing protocols and cleaning and disinfection protocols required by the Department of Health are adhered to.


G I V E N   under my hand and the Privy Seal of the State in the City of Albany this twenty-second day of May in the year two thousand twenty.

BY THE GOVERNOR         

Secretary to the Governor

[ipfd320]

MAY 29, 2020
1:45am
Albany, NY


No. 202.34: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
https://www.governor.ny.gov/news/no-20234-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency



No. 202.34
E X E C U T I V E  O R D E R
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 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 June 27, 2020:

* Business operators and building owners, and those authorized on their behalf shall have the discretion to ensure compliance with the
   directive in Executive Order 202.17 (requiring any individual over age two, and able to medically tolerate a face-covering, be required
   to cover their nose and mouth with a mask or cloth face-covering when in a public place), including the discretion to deny admittance
   to individuals who fail to comply with the directive in Executive Order 202.17 or to require or compel their removal if they fail to
   adhere to such directive, and such owner or operator shall not be subject to a claim of violation of the covenant of quiet enjoyment,
   or frustration of purpose, solely due to their enforcement of such directive. Nothing in this directive shall prohibit or limit the right of
   State and local enforcement authorities from imposing fines or other penalties for any violation of the directive in Executive Order
   202.17.  This directive shall be applied in a manner consistent with the American with Disabilities Act or any provision of either New
   York State or New York City Human Rights Law, or any other provision of law.

* Executive Order 202.31, which extended the provisions of Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10,
   202.11, 202.13, 202.14, 202.28 which each closed or otherwise restricted public or private businesses or places of public
   accommodation, and Executive Order 202.32 as modified by Executive Order 202.33 which required postponement, cancellation, or
   restriction on size of all non-essential gatherings of more than ten individuals, and which together constitute New York On PAUSE, is
   hereby continued until and unless later amended or extended by a future Executive Order, provided, however:

     * As soon as a region meets the prescribed public health and safety metrics, as determined by the Department of Health, they will
        be eligible for Phase One reopening.

     * Businesses or entities open pursuant to Department of Health guidance must be operated subject to the guidance promulgated
        by the Department of Health.

     * As of May 28, 2020 the regions meeting the prescribed public health and safety metrics required for Phase One reopening are:
        Finger Lakes, Central New York, Mohawk Valley, Southern Tier, North Country, Western New York, Capital Region, Mid-Hudson,
        and Long Island. Such regions include the counties of Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming,
        Yates, Cayuga, Cortland, Madison, Onondaga, Oswego, Fulton, Herkimer, Montgomery, Oneida, Otsego, Schoharie, Broome,
        Chemung, Chenango, Delaware, Schuyler, Steuben, Tioga, Tompkins, Clinton, Essex, Franklin, Hamilton, Jefferson, Lewis, St.
        Lawrence, Allegany, Cattaraugus, Chautauqua, Erie, Niagara, Albany, Columbia, Greene, Saratoga, Schenectady, Rensselaer,
        Warren, Washington, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester, Nassau, and Suffolk. Any additional
        regions which meet the criteria after such date will be deemed to be incorporated into this Executive Order without further revision
        and will be permitted to re-open Phase One industries, subject to the same terms and conditions.


G I V E N   under my hand and the Privy Seal of the State in the City of Albany this twenty-eighth day of May in the year two thousand twenty.

BY THE GOVERNOR         

Secretary to the Governor

[ipfd320]

MAY 29, 2020
2:45pm
Albany, NY


No. 202.35: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
https://www.governor.ny.gov/news/no-20235-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency



No. 202.35
E X E C U T I V E  O R D E R
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 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 June 28, 2020:

* Executive Order 202.34, which extended the provisions of Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10,
   202.11, 202.13, 202.14, 202.28, and 202.31 which each closed or otherwise restricted public or private businesses or places of
   public accommodation, and Executive Order 202.32 as modified by Executive Order 202.33 which required postponement,
   cancellation, or restriction on size of all non-essential gatherings of more than ten individuals, and which together constitute
   New York On PAUSE, is hereby continued until and unless later amended or extended by a future Executive Order, provided,
   however:

    * That effective at 1:00 p.m. on May 29, 2020 that the reductions and restrictions on the in-person workforce at non-essential
       businesses or other entities shall no longer apply to Phase Two industries:

         * Professional Services, Administrative Support, Information Technology,

         * Real estate services, Building and Property Management, Leasing, Rental, and Sales Services,

         * Retail In-store Shopping, Rental, Repair, and Cleaning,

         * Barbershops and Hair Salon (limited services), and

         * Motor Vehicle Leasing, Rental, and Sales.

    * Businesses or entities in industries open in Phase Two must be operated subject to the guidance promulgated by the Department of
       Health.

    * As of May 29, 2020 the regions meeting the prescribed public health and safety metrics required for Phase Two reopening are:
       Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country. Any additional regions which meet the
       criteria after such date will be deemed to be incorporated into this Executive Order without further revision and will be permitted to
       re-open Phase two industries, subject to the same terms and conditions.


G I V E N   under my hand and the Privy Seal of the State in the City of Albany this twenty-ninth day of May in the year two thousand twenty.

BY THE GOVERNOR         

Secretary to the Governor

[ipfd320]

JUNE 2, 2020
Albany, NY


No. 202.36: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
https://www.governor.ny.gov/news/no-20236-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency



No. 202.36
E X E C U T I V E  O R D E R
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, 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 Angola, Erie County
* Village of Babylon, Suffolk County
* Village of Bellport, Suffolk County
* Village of Brockport, Monroe County
* Village of Brookville, Nassau County
* Village of Buchanan, Westchester County
* Village of Clayton, Jefferson County
* Village of Depew, Erie County
* Village of East Hills, Nassau County
* Village of Endicott, Broome County
* Village of Farmingdale, Nassau County
* Village of Fayetteville, Onondaga County
* Village of Greenport, Suffolk County
* Village of Groton, Tompkins County
* Village of Hempstead, Nassau County
* Village of Homer, Cortland County
* Village of Hudson Falls, Washington County
* Village of Island Park, Nassau County
* Village of Kensington, Nassau County
* Village of Laurel Hollow, Nassau County
* Village of Monroe, Orange County
* Village of Munsey Park, Nassau County
* Village of Nyack, Rockland County
* Village of Ocean Beach, Suffolk County
* Village of Otisville, Orange County
* Village of Patchogue; Suffolk County
* City of Peekskill, Westchester County
* Village of Red Hook, Dutchess County
* Village of Rhinebeck, Dutchess County
* City of Saratoga Springs, Saratoga County
* Village of Scarsdale, Westchester County
* Village of South Floral Park, Nassau County
* Village of Stamford, Delaware County
* Village of Stewart Manor, Nassau County
* Village of Sylvan Beach, Oneida County
* Village of Watkins Glen, Schuyler County
* Village of Wellsville, Allegany County;

                      --and--

IN ADDITION, by virtue of the authority vested in me by Section 925-a of the Real Property Tax Law, I do hereby retroactively extend by twenty-one days the period for paying without interest or penalty the property taxes that were due by April 1, 2020, in the Village of Thomaston, Nassau County.


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, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through July 2, 2020 the following:

   * Section 6530 of the Education Law, or any section of the Public Health Law, to the extent necessary to allow a questionnaire
      administered through an asynchronous electronic interface or electronic mail that is approved by a physician licensed in the
      State of New York to be sufficient to establish a practitioner-patient relationship for purposes of ordering a clinical laboratory test.


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 do hereby issue the following directives for the period from the date of this Executive Order through July 2, 2020:

   * The directive contained in Executive Order 202.7, as extended, requiring all barbershops, hair salons, tattoo or piercing parlors and
      related personal care services to be closed to members of the public is hereby modified to allow for the opening of barbershops and
      hair salons, only to the extent and in regions consistent with Department of Health guidance promulgated for Phase Two industries
      reopening.

   * The directive contained in Executive Order 202.32 allowing any licensee or franchisee of a racetrack to operate such racetrack is
      hereby modified and extended until July 2, 2020, to allow any operator of an auto racetrack to operate beginning June 3, 2020,
      pursuant to Department of Health guidance for such operation, and provided such auto racetrack allows only essential personnel or
      participants to be on site, and does not permit any visitor or spectator into the facility or on premise.

   * Executive Order 202.35, which amended prior Executive Orders with respect to New York on Pause, is here by modified as follows:

   * Any region that meets the prescribed public health and safety metrics as determined by the Department of Health for Phase One
      reopening may allow outdoor, low-risk recreational activities and businesses providing such activities, as determined by Empire
      State Development Corporation, to be permitted to operate, in accordance with Department of Health guidance.


G I V E N   under my hand and the Privy Seal of the State in the City of Albany this second day of June in the year two thousand twenty.

BY THE GOVERNOR          

Secretary to the Governor

[ipfd320]

JUNE 5, 2020
6:00pm
Albany, NY


No. 202.37: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
https://www.governor.ny.gov/news/no-20237-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency-0



No. 202.37
E X E C U T I V E  O R D E R
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 issue any directive necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, I hereby direct, for the period from the date of this Executive Order through July 5, 2020 the following:

Notwithstanding any prior Executive Order to the contrary, special education services and instruction required under Federal, state or local laws, rules, or regulations, may be provided in person for the summer term in school districts. Any district providing such services in person must follow State and Federal guidance.


G I V E N   under my hand and the Privy Seal of the State in the City of Albany this fifth day of June in the year two thousand twenty.

BY THE GOVERNOR         

Secretary to the Governor

[ipfd320]

JUNE 6, 2020
9:00pm
Albany, NY


No. 202.38: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
https://www.governor.ny.gov/news/no-20238-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency



No. 202.38
E X E C U T I V E  O R D E R
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, do hereby continue the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, as continued as contained in Executive Order 202.27 and 202.28 until July 6, 2020; and

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 do hereby issue the following directives for the period from the date of this Executive Order through July 6, 2020:


* Consistent with Center for Disease Controls and Prevention and New York State Department of Health Guidance, commercial building
   owners, retail store owners and those authorized on their behalf to manage public places within their buildings and businesses
   (collectively “Operators”) shall have the discretion to require individuals to undergo temperature checks prior to being allowed
   admittance.  Further, Operators shall have the discretion to deny admittance to (i) any individual who refuses to undergo such a
   temperature check and (ii) any individual whose temperature is above that proscribed by New York State Department of Health
   Guidelines.  No Operator shall be subject to a claim of violation of the covenant of quiet enjoyment, or frustration of purpose, solely
   due to their enforcement of this directive.  This directive shall be applied in a manner consistent with the American with Disabilities
   Act and any provision of either New York State or New York City Human Rights Law.


* The directive contained in Executive Order 202.3, as extended, that required any restaurant or bar to cease serving patrons food or
   beverage on-premises, is hereby modified to the extent necessary to allow a restaurant or bar to serve patrons food or beverage on-
  premises only in outdoor space, provided such restaurant or bar is in compliance with Department of Health guidance promulgated for
   such activity.


* Executive Order 202.35 which continued the directive of Executive Order 202.33 is hereby modified to permit any non-essential
   gatherings for houses of worship at no greater than 25% of the indoor capacity of such location, provided it is in a geographic area
   in Phase 2 of re-opening, and further provided that social distancing protocols and cleaning and disinfection protocols required by the
   Department of Health are adhered to.


* Upon the resumption of on-premises outdoor service of food and beverages at the licensed premises of restaurants and bars, to
   facilitate compliance with social distancing requirements in connection with such service, notwithstanding any provision of the
   Alcoholic Beverage Control law, restaurants or bars in the state of New York shall be permitted to expand the premises licensed by
   the State Liquor Authority to use (a) contiguous public space (for example, sidewalks or closed streets) and/or (b) otherwise
   unlicensed contiguous private space under the control of such restaurant or bar, subject to reasonable limitations and procedures
   set by the Chairman of the State Liquor Authority and, with respect to (a) the use of public space, subject to the reasonable approval
   of the local municipality, and all subject to the guidance promulgated by the Department of Health.


G I V E N   under my hand and the Privy Seal of the State in the City of Albany this sixth day of June in the year two thousand twenty.

BY THE GOVERNOR         

Secretary to the Governor

[ipfd320]

JUNE 7, 2020
10:30am
Albany, NY


No. 202.39: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
https://www.governor.ny.gov/news/no-20239-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency



No. 202.39
E X E C U T I V E  O R D E R
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, not superseded by a subsequent directive, made by Executive Order 202.15, through 202.21, and including 202.29, as contained in Executive Order 202.29 until July 7, 2020, and further, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through July 7, 2020 the following:


* Sections 2018-a and 2018-b of the Education Law, to the extent necessary to allow any absentee ballot for an election held on
  June 9, 2020 and received by mail in the office of the clerk of the school district or designee of the trustees or school board not later
   than June 16, 2020 to be canvassed for such election.  No ballots for such election shall be accepted by the clerk of the school district
   or designee of the trustees or school board after 5 p.m. on June 9, 2020 except those received by mail in accordance with this
   provision. Any receptacle used for hand delivery of absentee ballots in such election shall be closed and removed at 5 p.m. on
   June 9, 2020; The ballots therein shall remain unopened pending delivery of mailed ballots, and shall be removed and canvassed
   after 5 p.m. on June 16, 2020;


* Section 3012(d) of the Education Law and Subpart 30-3 of Title 8 of the NYCRR, to the extent necessary to exempt school districts
   from completing annual professional performance reviews of classroom teachers and building principals during the 2019-20 school
   year without withholding any apportionment of funds for the general support of public schools for which a school district is otherwise
   entitled; and


* Sections §§2509, 2573, 3012 and 3014 of the Education Law, to the extent necessary to allow a board of education or the trustees
   of a common school district, only upon specific agreement, to appoint on tenure those classroom teachers and building principals
   recommended by the superintendent of schools who are in the final year of the probationary period, have received the previous
   requisite annual professional performance review ratings pursuant to §3012-d of the education law and would have been in their
   discretion qualified for appointment on tenure based upon past performance, notwithstanding that their annual professional
   performance review had not been completed and they had not received the necessary effectiveness rating for the 2019-20 school
   year, or to allow such board of education or trustees of a common school district to extend such determination for an additional year.


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 do hereby issue the following directives for the period from the date of
this Executive Order through July 7, 2020:



* The directive contained in Executive Order 202.38, that allowed a restaurant or bar to serve patrons food or beverage on-premises
   only in outdoor space, provided such restaurant or bar is in compliance with Department of Health guidance promulgated for such
   activity, is modified to explicitly limit such activity to those regions that are in Phase 2 of the re-opening. .


* The directive contained in Executive Order 202.4, as extended, that required local governments to allow non-essential personnel to
   be able to work from home or take leave without charging accruals, and required such number of non-essential personnel to total no
   less than 50% of the total number of employees across the entire workforce of such local government or political subdivision, is
   hereby modified to apply only to local governments that have not met the prescribed public health and safety metrics to be eligible
   for Phase Two reopening, provided such local governments in Phase Two regions may bring non-essential employees back to work
   beginning two weeks after such region meets the metrics to reopen Phase Two. 


G I V E N   under my hand and the Privy Seal of the State in the City of Albany this seventh day of June in the year two thousand twenty.

BY THE GOVERNOR         

Secretary to the Governor

[ipfd320]

JUNE 10, 2020
12:30pm
Albany, NY


No. 202.40: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
https://www.governor.ny.gov/news/no-20240-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency



No. 202.40
E X E C U T I V E  O R D E R
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, not superseded by a subsequent directive, made by Executive Order 202.30 until July 9, 2020, subject to the modification below:

  * The modifications of clause (b) of subparagraph (v) of paragraph (1) of subdivision (c) of section 415.26, paragraph {8} of
     subdivision (a) of section 487.9, paragraph (5) of subdivision (a) of section 488.9 of Title 18 of the NYCRR, and subdivision (7) of
     section 4656 of the Public Health Law contained in Executive Order 202.30 are continued, provided that such modification is
     amended only to the extent that the operator and administrator of all nursing homes and all adult care facilities, which are located
     in regions that have reached Phase Two of reopening, must test or make arrangements for the testing of all personnel, including all
     employees, contract staff, medical staff, operators and administrators, for COVID-19, once per week.


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 suspend or modify the following:

  * Subdivision 4 of section 2022 of the education law and subdivision 3 of section 2007 of the education law to the extent necessary to
     provide that, in the event that the original budget proposed by a school district is not approved by the voters at an election held on
     June 9, 2020, pursuant to Executive Order 202.26, any resubmission to the voters of the original or revised budget shall be
     conducted at a date and by a process determined by and subject to a future Executive Order, provided, however, such revote shall
     not occur prior to July 9, 2020.


G I V E N   under my hand and the Privy Seal of the State in the City of Albany this ninth day of June in the year two thousand twenty.

BY THE GOVERNOR          

Secretary to the Governor

[ipfd320]

JUNE 13, 2020
5:00pm
Albany, NY


No. 202.41: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
https://www.governor.ny.gov/news/no-20241-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency



No. 202.41
E X E C U T I V E  O R D E R
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, and to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby continue the directives contained in Executive Order 202.31, unless superseded by a subsequent directive; and

IN ADDITION, I hereby temporarily suspend or modify the following and issue the following directives for the period from the date of this Executive Order through July 13, 2020:

* The directive contained in Executive Order 202.7, as extended and as amended by Executive Order 202.36, requiring all salons,
   tattoo parlors, piercing parlors, and related personal care services to be closed to members of the public is hereby again modified to
   the extent necessary to allow for the opening of such personal care services, and only to the extent and in regions consistent with
   Department of Health guidance promulgated for Phase Three reopening.

* Executive Order 202.35, which extended the provisions of Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10,
   202.11, 202.13, 202.14, 202.28, and 202.31, and 202.34 which each closed or otherwise restricted public or private businesses or
   places of public accommodation, and Executive Order 202.38 which required postponement, cancellation, or restriction on size of all
   non-essential gatherings of more than ten individuals, and which together constitute New York On PAUSE, is hereby continued until
   and unless later amended or extended by a future Executive Order, provided, however:


That effective on June 12, 2020, the reductions and restrictions on the in-person workforce at non-essential businesses or other entities shall no longer apply to Phase Three industries, as determined by the Department of Health, in eligible regions, including:

     * Restaurants / Food Services; and
     * Personal Care.
     * Businesses or entities in industries open in Phase Three must be operated subject to the guidance promulgated by the
        Department of Health.

     * As of June 12, 2020 the regions meeting the prescribed public health and safety metrics required for Phase Three reopening are:
       Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country. Any additional regions which meet the
       criteria after such date will be deemed to be incorporated into this Executive Order without further revision and will be permitted
       to re-open Phase Three industries, subject to the same terms and conditions.


G I V E N   under my hand and the Privy Seal of the State in the City of Albany this thirteenth day of June in the year two thousand twenty.

BY THE GOVERNOR         

Secretary to the Governor

[ipfd320]

JUNE 15, 2020
5:30pm
Albany, NY


No. 202.42: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
https://www.governor.ny.gov/news/no-20242-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency



No. 202.42
E X E C U T I V E  O R D E R
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 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 July 15, 2020:

 
  * The directive contained in Executive Order 202.35, as extended and as amended by Executive Order 202.38, which amended the
     directive in Executive Order 202.10 that limited all non-essential gatherings to ten or fewer individuals, is hereby further modified
     to allow twenty-five (25) or fewer individuals, for any lawful purpose or reason, provided that the location of the gathering is in a
     region that has reached Phase 3 of the State’s reopening, and social distancing protocols and cleaning and disinfection protocols
     required by the Department of Health are adhered to.
 

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this fifteenth day of June in the year two thousand twenty.

BY THE GOVERNOR         

Secretary to the Governor