A New York appeals court judge issued a stay Tuesday to keep the state’s mask mandate in place for now. It comes one day after a Nassau County judge ruled the mandate was illegal.

A statement from Attorney General Letitia James, who filed the appeal late Monday after Supreme Court Judge Thomas Rademaker’s order, said the mandate will remain in effect while the appeals court considers the case.

“This mandate and today’s decision are critical in helping to stop the spread of this virus and protect individuals young and old,” James said. “We will continue to do everything in our power to prioritize the health and wellbeing of all New Yorkers.”

New York Gov. Kathy Hochul, who implemented the order last month, also applauded the appellate court’s decision for “siding with common sense” during the pandemic.

“As governor, my top priority is protecting the people of this state. These measures are critical tools to prevent the spread of COVID-19, make schools and businesses safe, and save lives… We will not stop fighting to protect New Yorkers, and we are confident we will continue to prevail,” the governor said in a statement.

Hochul issued the order Dec. 10. It took effect three days later, based on the determination of State Health Commissioner Dr. Mary Bassett.

The order required masks to be worn indoors, except in businesses or venues with a vaccine requirement.

Initially, the order was to end Jan. 15, but at the end of last month, it was announced that the mandate would remain in effect through Feb. 1.

A group of 14 Nassau County parents filed suit on behalf of their kids.

Rademaker said the order was well-intentioned, but it needed the approval of the state legislature, which had revised the emergency powers the governor held nearly a year ago when then-Gov. Andrew Cuomo was in office.

Hochul issued the order as the state was going through a spike in COVID-19 cases caused by the highly contagious Omicron variant.

According to data from Johns Hopkins University of Medicine Coronavirus Resource Center, the peak caseload hit New York around the first week of January. On Jan. 6, the seven-day average for new daily caseloads exceeded 85,000, by far a record total for New York.

A week later, the average number of hospitalizations surpassed 13,000, which came close to the numbers the state saw during the early days of the pandemic nearly two years ago.

Since then, the case numbers have dropped precipitously. The seven-day average of new cases was just 22,438 on Monday. However, the hospitalization rate remains high at more than 10,000 per the seven-day average.

This article was originally posted on New York appeals court issues a stay that keeps mask mandate in place for now