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Judge temporarily restores New York's mask mandate

Mary Altaffer/AP

FILE — Kelly Sheridan, left, and her first grade students wear face masks as one of the students makes a presentation during class in a hallway at the Milton Elementary School, May 18, 2021, in Rye, N.Y. The New York State Education Department is telling schools to continue to require masks despite a judge’s ruling overturning the state's mask mandate. But some school districts already are rushing to drop the requirement. The Education Department said in a statement Tuesday, Jan. 25, 2022 that the state was appealing the ruling, which could temporarily halt it, and that schools should follow the mask rule in the meantime. (AP Photo/Mary Altaffer, File)

By: The Associated Press

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An appeals judge has restored New York’s mask mandate.

Tuesday's ruling comes a day after a lower court judge ruled that Gov. Kathy Hochul’s administration lacked the constitutional authority to order people to wear face coverings to help prevent the spread of COVID-19.

Judge Robert Miller granted the state’s request for a stay of a Long Island judge’s ruling while Hochul's office appeals it.

The attorney who challenged the mandate on behalf of a group of parents says he will continue to fight.

He calls the mandate unconstitutional.

Monday’s ruling overturning the mask mandate caused a day of confusion for parents.

Some school districts quickly announced masks would be optional and others continued to enforce them.

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