Executive Order 202-202.50 (July 10)
Executive Order 202-202.50 (July 10)
Executive Order 202-202.50 (July 10)
No. 202
WHEREAS, on January 30, 2020, the World Health Organization designated the novel coronavirus,
COVID-19, outbreak as a Public Health Emergency of International Concern;
WHEREAS, on January 31, 2020, United States Health and Human Services Secretary Alex M. Azar II
declared a public health emergency for the entire United States to aid the nation's healthcare community
in responding to COVID-19;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and more are expected to continue; and
WHEREAS, New York State is addressing the threat that COVID-19 poses to the health and welfare of its
residents and visitors.
NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority
vested in me by the Constitution and the Laws of the State of New York, hereby find, pursuant to Section
28 of Article 2-B of the Executive Law, that a disaster is impending in New York State, for which the
affected local governments are unable to respond adequately, and I do hereby declare a State disaster
emergency for the entire State of New York. This Executive Order shall be in effect until September 7,
2020; and
IN ADDITION, this declaration satisfies the requirements of 49 C.F.R. 390.23(a)(1)(A), which provides
relief from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FM CSR). Such relief
from the FM CSR is necessary to ensure that crews are available as needed.
FURTHER, pursuant to Section 29 of Article 2-B of the Executive Law, I direct the implementation of the
State Comprehensive Emergency Management Plan and authorize all necessary State agencies to take
appropriate action to assist local governments and individuals in containing, preparing for, responding
to and recovering from this state disaster emergency, to protect state and local property, and to provide
such other assistance as is necessary to protect public health, welfare, and safety.
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 April 6, 2020 the
following:
• Section 112 of the State Finance Law, to the extent consistent with Article V, Section 1 of the
State Constitution, and to the extent necessary to add additional work, sites, and time to
State contracts or to award emergency contracts, including but not limited to emergency
contracts or leases for relocation and support of State operations under Section 3 of the
Public Buildings Law; or emergency contracts under Section 9 of the Public Buildings Law;
or emergency contracts for professional services under Section 136- a of the State Finance
Law; or emergency contracts for commodities, services, and technology under Section 163
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of the State Finance Law; or design-build or best value contracts under and Part F of Chapter
60 of the Laws of 2015 and Part RRR of Chapter 59 of the Laws of 2017; or emergency
contracts for purchases of commodities, services, and technology through any federal GSA
schedules, federal 1122 programs, or other state, regional, local, multi-jurisdictional, or
cooperative contract vehicles;
• Section 163 of the State Finance Law and Article 4-C of the Economic Development Law, to the
extent necessary to allow the purchase of necessary commodities, services, technology, and
materials without following the standard notice and procurement processes;
• Section 97-G of the State Finance Law, to the extent necessary to purchase food, supplies,
services, and equipment or furnish or provide various centralized services, including but not
limited to, building design and construction services to assist affected local governments,
individuals, and other non-State entities in responding to and recovering from the disaster
emergency;
• Section 359-a, Section 2879, and 2879-a of the Public Authorities Law to the extent necessary to
purchase necessary goods and services without following the standard procurement processes;
• Sections 375, 385 and 401 of the Vehicle and Traffic Law to the extent that exemption for vehicles
validly registered in other jurisdictions from vehicle registration, equipment and dimension
requirements is necessary to assist in preparedness and response to the COVID-19 outbreak;
• Sections 6521 and 6902 of the Education Law, to the extent necessary to permit unlicensed
individuals, upon completion of training deemed adequate by the Commissioner of Health, to
collect throat or nasopharyngeal swab specimens from individuals suspected of being infected by
COVID-19, for purposes of testing; and to the extent necessary to permit non-nursing staff, upon
completion of training deemed adequate by the Commissioner of Health, to perform tasks, under
the supervision of a nurse, otherwise limited to the scope of practice of a licensed or registered
nurse;
• Subdivision 6 of section 2510 and section 2511 of the Public Health Law, to the extent necessary
to waive or revise eligibility criteria, documentation requirements, or premium contributions;
modify covered health care services or the scope and level of such services set forth in contracts;
increase subsidy payments to approved organizations, including the maximum dollar amount set
forth in contracts; or provide extensions for required reports due by approved organizations in
accordance with contracts;
• Section 224-b and subdivision 4 of section 225 of the Public Health Law, to the extent necessary
to permit the Commissioner of Health to promulgate emergency regulations and to amend the
State Sanitary Code;
• Subdivision 2 of section 2803 of the Public Health Law, to the extent necessary to permit the
Commissioner to promulgate emergency regulations concerning the facilities licensed pursuant
to Article 28 of the Public Health Law, including but not limited to the operation of general
hospitals;
• Subdivision 3 of section 273 of the Public Health Law and subdivisions 25 and 25-a of section
364-j of the Social Services Law, to the extent necessary to allow patients to receive prescribed
drugs, without delay;
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• Section 400.9 and paragraph 7 of subdivision f of section 405.9 of Title 10 of the NYCRR, to the
extent necessary to permit general hospitals and nursing homes licensed pursuant to Article 28
of the Public Health Law ("Article 28 facilities") that are treating patients during the disaster
emergency to rapidly discharge, transfer, or receive such patients, as authorized by the
Commissioner of Health, provided such facilities take all reasonable measures to protect the
health and safety of such patients and residents, including safe transfer and discharge practices,
and to comply with the Emergency Medical Treatment and Active Labor Act (42 U.S.C. section
1395dd) and any associated regulations;
• Section 400.11 of Title 10 of the NYCRR, to the extent necessary to permit Article 28 facilities
receiving patients as a result of the disaster emergency to complete patient review instruments
as soon as practicable;
• Section 405 of Title 10 of the NYCRR, to the extent necessary to maintain the public health with
respect to treatment or containment of individuals with or suspected to have COVID-19;
• Subdivision d and u of section 800.3 of Title 10 of the NYCRR, to the extent necessary to permit
emergency medical service personnel to provide community paramedicine, transportation to
destinations other than hospitals or health care facilities, telemedicine to facilitate treatment of
patients in place, and such other services as may be approved by the Commissioner of Health;
• Paragraph 3 of subdivision f of section 505.14 of Title 18 of the NYCRR, to the extent necessary
to permit nursing supervision visits for personal care services provided to individuals affected
by the disaster emergency be made as soon as practicable;
• Sections 8602 and 8603 of the Education Law, and section 58-1.5 of Title 10 of the NYCRR, to the
extent necessary to permit individuals who meet the federal requirements for high complexity
testing to perform testing for the detection of SARS-CoV-2 in specimens collected from
individuals suspected of suffering from a COVID-19 infection;
• Subdivision 4 of section 6909 of the Public Health Law, subdivision 6 of section 6527 of the
Education Law, and section 64.7 of Title 8 of the NYCRR, to the extent necessary to permit
physicians and certified nurse practitioners to issue a non-patient specific regimen to nurses or
any such other persons authorized by law or by this executive order to collect throat or
nasopharyngeal swab specimens from individuals suspected of suffering from a COVID-19
infection, for purposes of testing, or to perform such other tasks as may be necessary to provide
care for individuals diagnosed or suspected of suffering from a COVID-19 infection;
• Section 596 of Title 14 of the NYCRR to the extent necessary to allow for rapid approval of the
use of the telemental health services, including the requirements for in-person initial
assessment prior to the delivery of telemental health services, limitations on who can deliver
telemental health services, requirements for who must be present while telemental health
services are delivered, and a recipient's right to refuse telemental health services;
• Section 409-i of the Education Law, section 163-b of the State Finance Law with associated OGS
guidance, and Executive Order No. 2 are suspended to the extent necessary to allow elementary
and secondary schools to procure and use cleaning and maintenance products in schools; and
sections 103 and 104-b of the General Municipal Law are suspended to the extent necessary to
allow schools to do so without the usual advertising for bids and offers and compliance with
existing procurement policies and procedures;
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• Article 7 of the Public Officers Law, section 41 of the General Construction Law, and section
3002 of the Public Health Law, to the extent necessary to permit the Public Health and Health
Planning Council and the State Emergency Medical Services Council to meet and take such
actions as authorized by law, as may be necessary to respond to the COVID-19 outbreak, without
meeting quorum requirements or permitting the public in-person access to meetings, provided
that any such meetings must be webcast and means for effective public comment must be made
available; and
FURTHER, I hereby temporarily modify, for the period from the date of this Executive Order through
April 6, 2020, the following laws:
• Section 24 of the Executive Law; Sections 104 and 346 of the Highway Law, Sections 1602, 1630,
1640, 1650, and 1660 of the Vehicle and Traffic Law; Section 14(16) of the Transportation Law;
Sections 6-602 and 17-1706 of the Village Law; Section 20(32) of the General City Law; Section
91 of Second Class Cities Law; Section 19-107(ii) of the New York City Administrative Code; and
Section 107.1 of Title 21 of the New York Codes, Rules and Regulations, to the extent necessary
to provide the Governor with the authority to regulate traffic and the movement of vehicles on
roads, highways, and streets.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this seventh day of March in
the year two thousand twenty.
BY THE GOVERNOR
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No. 202.1
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster
emergency for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and are expected to be continue; and
NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority
vested in me by the Constitution and the laws of the State of New York, do hereby continue Executive
Order 202, dated March 7, 2020, and I hereby continue any suspension or modification of law made by
Executive Order 202 for thirty days until April 11, 2020, except that such Executive Order is amended to
read as follows:
FURTHER, pursuant to 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 April 11, 2020 the
following:
Suspension of laws and regulations to allow for expansion of services and temporary facilities for
health and human service providers:
• Subdivisions (a) and (e) of section 401.3 and section 710.1 of Title 10 of the NYCRR, to the
extent necessary to allow hospitals to make temporary changes to physical plant, bed capacities,
and services provided, upon approval of the Commissioner of Health, in response to a surge in
patient census;
• Parts 709 and 710 of Title 10 of the NYCRR, to the extent necessary to allow construction
applications for temporary hospital locations and extensions to be approved by the
Commissioner of Health without considering the recommendation of the health systems agency
or the Public Health and Health Planning Council, and to take such further measures as may be
necessary to expedite departmental reviews for such approval;
• Sections 34-2.6 and 58-1.7 of Title 10 of the NYCRR, to the extent necessary to permit clinical
laboratories to operate temporary collecting stations to collect specimen from individuals
suspected of suffering from a COVID-19 infection;
• Section 41.34 of the Mental Hygiene law and Part 620 and section 686.3 of Title 14 of the
NYCRR, to the extent necessary to allow facilities certified pursuant to Article 16 of the Mental
Hygiene law to increase and/or exceed certified capacity limits without following site selection
procedures and/or without providing notification to the appropriate local governmental unit
upon approval of the commissioner of OPWDD;
• Section 33.17 of the Mental Hygiene Law and associated regulations to the extent necessary to
permit providers to utilize staff members in the most effective means possible to transport
individuals receiving services from the Office of Mental Health or a program or provider under
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the jurisdiction of the Office of Mental Health during the emergency, provided such facilities take
all reasonable measures to protect the health and safety of such individuals;
• Sections 29.11 and 29.15 Mental Hygiene Law and section 517 of Title 14 of the NYCRR to the
extent necessary to permit mental health facilities licensed pursuant to Article 31 of the Mental
Hygiene Law that are treating patients during the emergency to rapidly discharge, including
conditionally discharge, transfer, or receive such patients, as authorized by the Commissioner of
the Office of Mental Health, provided such facilities take all reasonable measures to protect the
health and safety of such patients and residents, including safe transfer and discharge practices;
• Section 29.13 of the Mental Hygiene Law and associated regulations to the extent individuals in
areas affected by the emergency are temporarily receiving services from different providers,
whose immediate priority is to stabilize the individual, address acute symptoms, and provide
supports including medication and stress relief, such that it is impossible to comply with
development, assessment, scope and frequency, and documentation requirements for treatment
plans;
• Sections 131, 132 and 349-a of the Social Services Law to the extent necessary to allow
screenings to be conducted by telephone;
• Sections 2510 and 2511 of the Public Health Law, to the extent necessary to waive or revise
eligibility criteria, documentation requirements, or premium contributions; modify covered
health care services or the scope and level of such services set forth in contracts; increase
subsidy payments to approved organizations, including the maximum dollar amount set forth in
contracts; or provide extensions for required reports due by approved organizations in
accordance with contracts;
• Subdivision 4 of section 6909 of the Education Law, subdivision 6 of section 6527 of the
Education Law, and section 64.7 of Title 8 of the NYCRR, to the extent necessary to permit
physicians and certified nurse practitioners to issue a non-patient specific regimen to nurses or
any such other persons authorized by law or by this executive order to collect throat or
nasopharyngeal swab specimens from individuals suspected of suffering from a COVID-19
infection, for purposes of testing, or to perform such other tasks as may be necessary to provide
care for individuals diagnosed or suspected of suffering from a COVID-19 infection;
• Section 400.9 and paragraph 7 of subdivision h of section 405.9 of Title 10 of the NYCRR, to the
extent necessary to permit general hospitals and nursing homes licensed pursuant to Article 28
of the Public Health Law ("Article 28 facilities") that are treating patients during the disaster
emergency to rapidly discharge, transfer, or receive such patients, as authorized by the
Commissioner of Health, provided such facilities take all reasonable measures to protect the
health and safety of such patients and residents, including safe transfer and discharge practices,
and to comply with the Emergency Medical Treatment and Active Labor Act (42 U.S.C. section
1395dd) and any associated regulations;
• Subdivision 3 of section 2801-a of the Public Health Law and section 600.1 of Title 10 of the
NYCRR, to the extent necessary to permit the Commissioner of Health to approve the
establishment of temporary hospital locations and extensions without following the standard
approval processes and to take such further measures as may be necessary to expedite
departmental reviews for such approval;
• Section 2999-cc of the Public Health Law and any regulatory provisions promulgated
thereunder by the Department of Health, the Office of Mental Health, the Office of Addiction
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Services and Supports, and the Office for People with Developmental Disabilities, to the extent
necessary to allow additional telehealth provider categories and modalities, to permit other
types of practitioners to deliver services within their scopes of practice and to authorize the use
of certain technologies for the delivery of health care services to established patients, pursuant
to such limitations as the commissioners of such agencies may determine appropriate;
Suspension of laws and regulations relating to child care to allow flexibility for providers while
continuing to protect the health and safety of children:
• Sections 414.7, 416.7, 417.7, 418-1.7, 418-2.7, 414.8, 416.8, 417.8, 418-1.8, and 418-2.8 of Title
18 of the NYCRR insofar as that regulation sets the ages of children who can be served and the
standards for care; Sections 414.13, 416.13, 417.13, 418-1.13, 418-2.13 of Title 18 of the NYCRR
suspending requirements for staff qualifications; Section 390 of the Social Services law
suspending provisions setting capacity limits for family and group family day care programs and
standards for staff/child ratios in all child care modalities; Sections 390(3) and 390-a of the
Social Services Law and regulations at 18 NYCRR Sections 413(g), 414.14, 415.13, 416.14,
417.14, 418-1.14, 418-2.14, allowing for the waiver of certain provisions establishing
training and inspection requirements for child day care; and Section 424-a of the Social Services
Law insofar as allowing for the waiver of fees paid for statewide central register of child abuse
and maltreatment database check;
• Section 410-w of the Social Services Law and sections 404.1, 404.7, 415.2, 415.3, 415.6 of Title
18 of the NYCRR insofar as that statute and those regulations establish financial eligibility
standards, the reimbursement requirements, and set timeliness requirements for the provision
of services including payment for absences due to COVID-19 abatement processes;
Suspension of regulations to prevent delays in providing home delivered meals and in providing
services under the Expanded In-Home Services for the Elderly Program (EISEP) to older adults:
• Clause (d) of subparagraph (ii) of paragraph (3) of subdivision (a) of section 6654.10 of Title 9
of the NYCRR, insofar as it requires an assessment be conducted prior to or within 10 days of the
initiation of home delivered meals;
• Subdivision (h) of section 6654.16 of Title 9 of the NYCRR, insofar as it requires an assessment
be conducted within 10 working days after the completion of the screening intake and prior to
the initiation of services under the Expanded In-Home Services for the Elderly Program
(EISEP);
• Subdivision (n) of section 6654.16 of Title 9 of the NYCRR, to allow for a care plan to remain in
effect for a period exceeding 12 months under the Expanded In-Home Services for the Elderly
Program (EISEP) when such care plan would otherwise expire during the period in which a
disaster emergency is declared;
• Subdivision (x) of section 6654.16 of Title 9 of the NYCRR, modifying requirements for
reassessments to be conducted every 12 months or within 5 days of becoming aware of a change
in circumstance under the Expanded In-Home Services for the Elderly Program (EISEP);
Suspension of law to allow waiver of requirements necessary for apportionment of school aid:
• Section 3604(7) of the Education Law, to the extent consistent and necessary to allow the
commissioner to disregard such reduction in the apportionment of public money due to a failure
by a school to meet the instructional requirements proscribed within this section due to the
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properly executed declaration of a local state of emergency as defined within sub-section (i), a
school is directed to close by a state or local health official or following a properly executed
declaration of a state of emergency as defined within sub-section (i), limited to the extent that
those specified schools are unable to make up missed instructional days;
• Sections 553(22), 559, 1209, and 1265-a of the Public Authorities Law, and 21 NYCRR Part
1002, to the extent necessary to purchase necessary equipment, materials, supplies, or services,
without following the standard procurement processes, including the standard prompt payment
policy;
• Notwithstanding any other provision of law and except as provided in section 182.30 of Article
182 of the Criminal Procedure Law, the court, in its discretion, may dispense with the personal
appearance of the defendant, except an appearance at a hearing or trial, and conduct an
electronic appearance in connection with a criminal action pending in any county in New York
State, provided that the chief administrator of the courts has authorized the use of electronic
appearance due to the outbreak of COVID-19, and the defendant, after consultation with counsel,
consents on the record. Such consent shall be required at the commencement of each electronic
appearance to such electronic appearance.
Suspension of law relating to waiting periods for unemployment insurance claimants whose
claims arise directly out of COVID-19 outbreak:
• Subdivision 7 of Section 590 of the Labor Law, so far as it relates to the waiting period for
unemployment insurance claimants whose claims for unemployment insurance arise directly
out of closings of schools or other workplaces in which claimants were employed, or out of
claimants’ isolation or quarantine in connection with COVID-19; and
Suspension of law allowing the attendance of meetings telephonically or other similar service:
• Article 7 of the Public Officers Law, to the extent necessary to permit any public body to meet
and take such actions authorized by the law without permitting in public in-person access to
meetings and authorizing such meetings to be held remotely by conference call or similar
service, provided that the public has the ability to view or listen to such proceeding and that
such meetings are recorded and later transcribed;
Suspension of law allowing residents of nursing homes to vote with modified visitor policies in
place:
• Subdivision 8 of section 8-407 of the Election Law to allow individuals not employed by the
Board of Elections to assist residents of nursing homes or adult care facilities in the completion
of absentee ballot applications and voting;
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 hereby issue the
following directives for the period from the date of Executive Order through April 11, 2020:
• Any guidance issued by the New York State Department of Health related to prevention and
infection control of COVID-19 at nursing homes and adult care facilities, including but not
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limited to guidance on visitation, shall be effective immediately and shall supersede any prior
conflicting guidance issued by the New York State Department of Health and any guidance
issued by any local board of health, any local department of health, or any other political
subdivision of the State related to the same subject.
• Any large gathering or event for which attendance is anticipated to be in excess of five hundred
people shall be cancelled or postponed for a minimum of thirty days.
• Any place of business or public accommodation, and any gathering or event for which
attendance is anticipated to be fewer than five hundred people, shall operate at no greater than
fifty percent occupancy, and no greater than fifty percent of seating capacity, for thirty days
effective on Friday, March 13, 2020, except that any theater seating five hundred or more
attendees for a live performance located in a city of one million or more shall not hold any
further performances after 5pm on March 12, 2020.
• The two preceding directives shall not apply to a school, hospital, nursing home, other medical
office or facility as determined by the Commissioner of Health, mass transit or mass transit
facility, governmental facility, law enforcement facility, or retail establishments including
grocery stores. The Commissioner of Health may allow for businesses that are not public
gathering spaces to exceed five hundred persons if the occupancy is less than fifty percent
capacity subject to public health review.
G I V E N under my hand and the Privy Seal of the State in the City of Albany the twelfth day of March in
the year two thousand twenty.
BY THE GOVERNOR
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No. 202.2
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster
emergency for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and are expected to be continue; and
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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through April 13, 2020 the following:
• Section 8-400 of the Election Law is temporarily suspended and otherwise altered to provide
that due to the prevalence and community spread of COVID-19, temporary illness for the
purpose of this section shall include the potential for contraction of the COVID-19 virus for any
election held on or before April 1, 2020;
• Solely for any election held on or before April 1, 2020, Section 8-400 of the Election Law is
hereby further modified to allow for electronic application, with no requirement for in-person
signature or appearance to be able to access an absentee ballot; and deadlines to apply for such
ballot are hereby modified to no later than March 23, 2020 and such ballots once voted shall be
postmarked no later than March 24, 2020 or may be delivered in person to any board of
elections; and
• Article 6 of the Election Law is modified to the extent necessary to reduce required number of
signatures on petitions pursuant to Section 6-136 of such law to 1.5% of the enrolled voters
required, or 30% of the stated threshold, whichever is less. Further such provisions are
modified to require that gathering of signatures shall be suspended effective Tuesday, March 17,
2020 at 5 p.m.
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 hereby issue the
following directives for the period from the date of Executive Order through April 13, 2020:
Any school district which is closing pursuant to a local state of emergency declared as a result of the
COVID-19 virus shall be required to first consult with local department of health and also exhaust any
available time including snow days and vacation days. Additionally, the State Education Department
shall promulgate guidance for districts to ensure access to meals for students in need, critical
educational supports for students and distance learning options.
G I V E N under my hand and the Privy Seal of the State in the City of Albany the fourteenth day of
March in the year two thousand twenty.
BY THE GOVERNOR
10
No. 202.3
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster
emergency for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and are expected to be continue;
WHEREAS, one state acting alone cannot control the continued spread of this disease and it requires
coordination and cooperation amongst the states; and
NOW, THEREFORE, I, Governor Andrew M. Cuomo, 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, or to issue any directive during a disaster emergency necessary to cope with the disaster, I
hereby issue the following directives and suspensions and modifications for the period from the date of
this Executive Order 202.3 through April 15, 2020:
• The directive requiring large gatherings and events to be cancelled or postponed if they had
anticipated attendance in excess of 500 people by virtue of Executive Order 202.1 dated March
12, 2020, is hereby amended and modified to require that any large gathering or event (concert,
conference, worship service, performance before a large audience, etc.) shall be cancelled or
postponed if more than fifty persons are expected in attendance, at any location in New York
State until further notice.
• Any restaurant or bar in the state of New York shall cease serving patrons food or beverage on-
premises effective at 8 pm on March 16, 2020, and until further notice shall only serve food or
beverage for off-premises consumption. Notwithstanding any provision of the alcohol and
beverage control law, a retail on-premises licensee shall be authorized for the duration of this
Executive Order to sell alcohol for off-premises consumption, which shall include either take-out
or delivery, subject to reasonable limitations set by the State Liquor Authority.
• Any facility authorized to conduct video lottery gaming, or casino gaming shall cease operation
effective at 8 pm on March 16, 2020, and until further notice. For a Class III Tribal Gaming
enterprise or Class II Tribal Gaming enterprise, any facility should also close to the public until
further notice.
• Any gym, fitness centers or classes, and movie theaters shall also cease operation effective at 8
pm on March 16, 2020 until further notice.
• No local government or political subdivision shall issue any local emergency order or
declaration of emergency or disaster inconsistent with, conflicting with or superseding the
foregoing directives, or any other executive order issued under Section 24 of the Executive Law
and any local emergency order or any local administrative codes, charters, laws, rules or
regulations, are hereby suspended with respect to any such order issued under such authority
different or in conflict with Executive directives.
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G I V E N under my hand and the Privy Seal of the State in the City of Albany this sixteenth day of March
in the year two thousand twenty.
BY THE GOVERNOR
12
No. 202.4
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State
disaster emergency for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and are expected to be continue;
NOW, THEREFORE, 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 Executive Order through April 15, 2020:
• Any local government or political subdivision shall, effective March 17, 2020, allow non-
essential personnel as determined by the local government, to be able to work from home or
take leave without charging accruals, except for those personnel essential to the locality’s
response to the COVID-19 emergency. Such non-essential personnel shall total no less than fifty-
percent (50%) of the total number of employees across the entire workforce of such local
government or political subdivision.
• Restrictions on reporting to work for any state worker whose service is non-essential, or not
required to support the COVID-19 response, are expanded to all counties in the State of New
York.
• Notwithstanding any prior directives, every school in the state of New York is hereby directed to
close no later than Wednesday, March 18, 2020, for a period of two weeks, ending April 1, 2020.
The state shall reassess at that time whether to extend such closure beyond this date and may
continue to suspend the 180 day instructional requirement. The 180 day suspension will be
adjusted to the state’s allowed closure directive. Schools that exceed the period will not be
exempted from the 180-day rule. School districts shall develop a plan for alternative
instructional options, distribution and availability of meals, and child care, with an emphasis on
serving children of parents in the health care profession or first responders who are critical to
the response effort. Such plans shall be submitted to the State Education Department and may
be amended or modified by the State Education Department, in consultation with the
Department of Health and Office of Children and Family Services at any time. School districts in
Nassau County, Suffolk County and Westchester County and the City of New York must submit
such plans for approval no later than midnight, March 17, 2020 to the State.
• Any village election to be held March 17, 2020 shall be postponed and any elected official
holding such position shall remain in office until such time as a new election is held.
G I V E N under my hand and the Privy Seal of the State in the City of Albany the sixteenth day of March
in the year two thousand twenty.
BY THE GOVERNOR
13
No. 202.5
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster
emergency for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and are expected to be continue;
WHEREAS, in order to facilitate the most timely and effective response to the COVID 19 emergency
disaster, it is critical for New York State to be able to act quickly to gather, coordinate, and deploy goods,
services, professionals, and volunteers of all kinds; and
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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through April 17, 2020 the following:
• Sections 6512 through 6516, and 6524 of the Education Law and Part 60 of Title 8 of the NYCRR,
to the extent necessary to allow physicians licensed and in current good standing in any state in
the United States to practice medicine in New York State without civil or criminal penalty
related to lack of licensure;
• Section 6502 of the Education Law and Part 59.8 of Title 8 of the NYCRR, to the extent necessary
to allow physicians licensed and in current good standing in New York State but not registered
in New York State to practice in New York State without civil or criminal penalty related to lack
of registration;
• Sections 6512 through 6516, and 6905, 6906 and 6910 of the Education Law and Part 64 of Title
8 of the NYCRR, to the extent necessary to allow registered nurses, licensed practical nurses, and
nurse practitioners licensed and in current good standing in any state in the United States to
practice in New York State without civil or criminal penalty related to lack of licensure;
• Sections 6512 through 6516, and 6541 of the Education Law and Part 60.8 of Title 8 of the
NYCRR 8 NYCRR, to the extent necessary to allow physician assistants licensed and in current
good standing in any state in the United States to practice in New York State without civil or
criminal penalty related to lack of licensure;
• Section 400.12 of Title 10 of the NYCRR, to the extent necessary to allow patients affected by the
disaster emergency to be transferred to receiving Article 28 facilities as authorized by the
Commissioner of Health;
• Section 415.11 of Title 10 of the NYCRR, to the extent necessary to permit nursing homes
receiving individuals affected by the disaster emergency to perform comprehensive
assessments of those residents temporarily evacuated to such nursing homes as soon as
practicable following admission or to forego such assessments for individuals returned to
facilities from which they were evacuated;
14
• Subdivision b of section 415.15 of Title 10 of the NYCRR, to the extent necessary to permit
nursing homes receiving individuals affected by the disaster emergency to obtain physician
approvals for admission as soon as practicable following admission or to forego such approval
for individuals returned to facilities from which they were evacuated;
• Subdivision i of section 415.26 of Title 10 of the NYCRR, to the extent necessary to permit
nursing homes receiving individuals affected by the disaster emergency to comply with
admission procedures as soon as practicable following admission or to forego such procedures
for individuals returned to facilities from which they were evacuated;
• Subdivision a of section 763.5 of Title 10 of the NYCRR, to the extent necessary to permit initial
patient visits for certified home health agencies, long term home health care programs and AIDS
home care programs serving individuals affected by the disaster emergency to be made within
48 hours of receipt and acceptance of a community referral or return home from institutional
placement;
• Sections 403.3 and 403.5 if Title 10 of the NYCRR, to extend the time in which home care
services entities must submit information to the Home Care Worker Registry;
• Sections 358-4.3, 358-5.12 and 358-5.13 of Title 18 of the NYCRR, to the extent necessary to
allow or require appearance by any parties to a fair hearing by written, telephonic, video or
other electronic means;
• Sections 2999-h and 2999-j of the Public Health Law, to the extent necessary to provide
reimbursement to Medical Indemnity Fund enrollees, in primary residences where a resident
has had COVID-19 or was exposed to COVID-19, for costs related to cleaning and disinfection of
such primary residences, at the discretion of the Commissioner of Health;
• Section 2805-k of the Public Health Law and sections 405.4, 405.5, 405.9, 405.14, 405.19, and
405.22 of Title 10 of the NYCRR, to the extent necessary to allow staff with the necessary
professional competency and who are privileged and credentialed to work in a facility in
compliance with such section of the Public Health Law and such sections of the NYCRR, or who
are privileged and credentialed to work in a facility in another state in compliance with the
applicable laws and regulations of that other state, to practice in a facility in New York State;
• Part 405 of Title 10 of the NYCRR, to the extent necessary to adopt existing policies and
procedures in a general hospital at a new, temporary facility created for the purpose of treating
patients during the COVID-19 outbreak;
• Any code related to construction, energy conservation, or other building code, and all state and
local laws, ordinances, and regulations relating to administration and enforcement of the
foregoing, to the extent necessary to allow, upon approval by the Commissioner of Health or the
Commissioner of OPWDD, as applicable, the temporary changes to physical plant, bed capacities,
15
and services provided; the construction of temporary hospital locations and extensions; the
increase in and/or exceeding of certified capacity limits; and the establishment of temporary
hospital locations and extensions;
• Part 425 of Title 10 of the NYCRR and section 461-k of the Social Services Law, to the extent
necessary to prevent transportation to and attendance at adult day care programs, until
authorized by the Commissioner of Health;
• Section 16.17 of the Mental Hygiene Law to the extent necessary to permit the Office of People
with Developmental Disabilities to take emergency action to suspend or limit a provider’s
operating certificate;
• Sections 633.12 and 636-1 of Title 14 of the NYCRR, to the extent necessary to temporarily
deviate from an individual’s service plan, which would otherwise outline participation in day
programming and other community based served, and to the extent necessary to temporarily
relocate individuals, in order to maintain the health and safety of that individual during this
emergency period and to the extent necessary;
• Sections 33.02 and 33.05 of the Mental Hygiene law and sections 633.4, 636-1.4 and 633.16 of
Title 14 of the NYCRR, to the extent necessary to restrict visitors to facilities certified pursuant
Article 16 of the Mental Hygiene law and to permit restrictions on community outings for
residents of such facilities to reduce the spread of COVID-19;
• Sections 633.8and 633.14 of Title 14 of the NYCRR to the extent necessary to permit abbreviated
training of direct support professionals employed in programs and facilities certified pursuant
to Article 16 of the Mental Hygiene Law that are experiencing staff shortages;
• Section 633.17 of Title 14 of the NYCRR, to the extent necessary to permit abbreviated
medication administration training of direct support professionals employed in programs or
facilities certified pursuant to Article 16 of the Mental Hygiene Law;
• Section 390-b of the Social Services Law and regulations at sections 413.4 and 415.15 of Title 18
of the NYCRR insofar as that statute and those regulations establish background check
requirements for child day care;
• Section 390 of the Social Services Law insofar as that section of law exempts school age child
care programs operated by a school or entity with experience providing child care and located
in a school providing elementary or secondary education from having to comply with the
regulations of the office of children and family services;
• Subdivision 7 of section 590 and subdivision 2 of section 607 of the Labor Law, so far as they
relate to waiting periods for unemployment insurance claimants whose claims for
unemployment insurance arise due to closure of an employer for a reason related to COVID-19
or due to a mandatory order of a government entity duly authorized to issue such order to close
such employer, as of March 12, 2020;
• Subdivision b of section 708 of the Business Corporation Law to the extent necessary to permit
business corporations to take any action otherwise permitted under that section with the
electronic consent of the members of the board or committee, when such consent is submitted
via electronic mail along with information from which it can reasonably be determined that the
transmission was authorized by such member;
16
• Sections 65(13)(b) and 66(12)(f) of the Public Service Law to the extent of having in-person
public hearings, provided that such hearings are held by conference call or similar electronic
means, which are recorded and later transcribed;
• Section 165(1) of the Public Service Law (“PSL”) to the extent of holding public statement
hearings, provided that the public may file written comments in any case subject to PSL Article
10 until issuance of a final order; and
• Section 123(1) of the Public Service Law (“PSL”) to the extent of holding a public hearing,
provided that the public may file written comments in any case subject to PSL Article VII until
issuance of a final order.
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 hereby issue the
following directives for the period from the date of Executive Order through April 17, 2020:
• Any village election set to be held March 18, 2020 shall be postponed and any elected official
holding such position shall remain in office until such time as a new election is held.
• Effective at 8 p.m. March 19, 2020, all indoor common portions of retail shopping malls with in
excess of 100,000 square feet of retail space available for lease shall close and cease access to
the public. Any stores located within shopping malls, which have their own external entrances
open to the public, separate from the general mall entrance, may remain open, subject to the
requirements of Executive Order 202.3 that any restaurant shall limit itself to take out or
delivery food services, and that any interior entrances to common areas of the mall remain
closed and locked.
• Additionally, all places of public amusement, whether indoors or outdoors, including but not
limited to, locations with amusement rides, carnivals, amusement parks, water parks,
aquariums, zoos, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys,
family and children’s attractions shall likewise be closed to the public at 8 p.m. on March
19. This directive shall not apply to public parks and open recreation areas.
• Notwithstanding section 24 of the Executive Law, no locality or political subdivision shall issue
any local emergency order or executive order with respect to response of COVID-19 without the
approval of the State Department of Health.
G I V E N under my hand and the Privy Seal of the State in the City of Albany the eighteenth day of
March in the year two thousand twenty.
BY THE GOVERNOR
17
No. 202.6
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster
emergency for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and are expected to be continue;
WHEREAS, in order to facilitate the most timely and effective response to the COVID 19 emergency
disaster, it is critical for New York State to be able to act quickly to gather, coordinate, and deploy goods,
services, professionals, and volunteers of all kinds; and
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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through April 17, 2020 the following:
• Section three of the Public Officer’s Law shall not apply to an individual who is deemed
necessary to hire or to engage in a volunteer capacity to provide for an effective and efficient
emergency response, for the duration of such emergency;
• Subparagraph (i) of subdivision 1 of section 73 of the Public Officers Law Section shall not apply
to any person who is hired, retained, appointed, or who volunteers in any way to assist New
York State in its response to the declared emergency;
• Subparagraph 5 of section 73 of the Public Officers Law Section shall not apply to a state officer
or employee, or a volunteer who is facilitating contributions or donations to assist New York
State in its response to the declared emergency;
• Subparagraph 8 of section 73 of the Public Officers Law Section 73(8) and section 74 of the
Public Officer’s Law shall not apply to volunteers or contractors who assist New York State in its
response, provided that any recusals shall be adhered to if determined necessary by the
appointing entity;
• Legislative Law Section 1-M is suspended to the extent that any agency may receive a donation
in kind or otherwise, in any amount from any source, provided such donation is made to the
State and is administered by a state agency in furtherance of the response effort;
• State Finance Law Section 11, to the extent necessary to facilitate an efficient and effective New
York State emergency disaster response, shall not apply to any state agency efforts to further the
response to the declared emergency;
NOW, THEREFORE, 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 Executive Order through April 17,
2020:
18
• Effective on March 20 at 8 p.m.: All businesses and not-for-profit entities in the state shall utilize,
to the maximum extent possible, any telecommuting or work from home procedures that they
can safely utilize. Each employer shall reduce the in-person workforce at any work locations by
50% no later than March 20 at 8 p.m. Any essential business or entity providing essential
services or functions shall not be subject to the in-person restrictions. This includes essential
health care operations including research and laboratory services; essential infrastructure
including utilities, telecommunication, airports and transportation infrastructure; essential
manufacturing, including food processing and pharmaceuticals; essential retail including
grocery stores and pharmacies; essential services including trash collection, mail, and shipping
services; news media; banks and related financial institutions; providers of basic necessities to
economically disadvantaged populations; construction; vendors of essential services necessary
to maintain the safety, sanitation and essential operations of residences or other essential
businesses; vendors that provide essential services or products, including logistics and
technology support, child care and services needed to ensure the continuing operation of
government agencies and provide for the health, safety and welfare of the public;
• Any other business may be deemed essential after requesting an opinion from the Empire State
Development Corporation, which shall review and grant such request, should it determine that
it is in the best interest of the state to have the workforce continue at full capacity in order to
properly respond to this disaster. No later than 5 p.m. on March 19, 2020, Empire State
Development Corporation shall issue guidance as to which businesses are determined to be
essential.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this eighteenth day of
March in the year two thousand twenty.
BY THE GOVERNOR
19
No. 202.7
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster
emergency for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and are expected to be continue;
WHEREAS, in order to facilitate the most timely and effective response to the COVID 19 emergency
disaster, it is critical for New York State to be able to act quickly to gather,
coordinate, and deploy goods, services, professionals, and volunteers of all kinds; and
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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through April 18, 2020 the following:
• The suspensions made to the Public Officer’s Law, including provisions of Section 73 and Section
74, by Executive Order 202.6 are hereby modified to require that such suspensions and
modifications shall only be valid with respect to a person hired for a nominal or no salary or in a
volunteer capacity.
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 hereby issue the
following directives for the period from the date of Executive Order through April 18, 2020:
• Any notarial act that is required under New York State law is authorized to be performed
utilizing audio-video technology provided that the following conditions are met:
o The person seeking the Notary's services, if not personally known to the Notary, must
present valid photo ID to the Notary during the video conference, not merely transmit it
prior to or after;
o The video conference must allow for direct interaction between the person and the
Notary (e.g. no pre-recorded videos of the person signing);
o The person must affirmatively represent that he or she is physically situated in the State
of New York;
o The person must transmit by fax or electronic means a legible copy of the signed
document directly to the Notary on the same date it was signed;
o The Notary may notarize the transmitted copy of the document and transmit the same
back to the person; and
20
o The Notary may repeat the notarization of the original signed document as of the date of
execution provided the Notary receives such original signed document together with the
electronically notarized copy within thirty days after the date of execution.
• Effective March 21, 2020 at 8 p.m. and until further notice, all barbershops, hair salons, tattoo or
piercing parlors and related personal care services will be closed to members of the public. This
shall also include nail technicians, cosmetologists and estheticians, and the provision of
electrolysis, laser hair removal services, as these services cannot be provided while maintaining
social distance.
• The provisions of Executive Order 202.6 requiring in-person work environment restrictions are
modified as follows: Effective March 21, 2020 at 8 p.m. and until further notice all businesses
and not-for-profit entities in the state shall utilize, to the maximum extent possible, any
telecommuting or work from home procedures that they can safely utilize. Each employer shall
reduce the in-person workforce at any work locations by 75% no later than March 21 at 8 p.m.
Any essential business or entity providing essential services or functions shall not be subject to
the in-person restrictions.
G I V E N under my hand and the Privy Seal of the State in the City of Albany the nineteenth day of March
in the year two thousand twenty.
BY THE GOVERNOR
21
No. 202.8
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster
emergency for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and are expected to be continue;
WHEREAS, in order to facilitate the most timely and effective response to the COVID-19 emergency
disaster, it is critical for New York State to be able to act quickly to gather, coordinate, and deploy goods,
services, professionals, and volunteers of all kinds; and
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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through April 19, 2020 the following:
• In accordance with the directive of the Chief Judge of the State to limit court operations to
essential matters during the pendency of the COVID-19 health crisis, any specific time limit for
the commencement, filing, or service of any legal action, notice, motion, or other process or
proceeding, as prescribed by the procedural laws of the state, including but not limited to the
criminal procedure law, the family court act, the civil practice law and rules, the court of claims
act, the surrogate’s court procedure act, and the uniform court acts, or by any other statute, local
law, ordinance, order, rule, or regulation, or part thereof, is hereby tolled from the date of this
executive order until April 19, 2020;
• Subdivision 1 of Section 503 of the Vehicle and Traffic Law, to the extent that it provides for a
period of validity and expiration of a driver’s license, in order to extend for the duration of this
executive order the validity of driver’s licenses that expire on or after March 1, 2020;
• Subdivision 1 of Section 491 of the Vehicle and Traffic Law, to the extent that it provides for a
period of validity and expiration of a non-driver identification card, in order to extend for the
duration of this executive order the validity of non-driver identification cards that expire on or
after March 1, 2020;
• Sections 401, 410, 2222, 2251, 2261, and 2282(4) of the Vehicle and Traffic law, to the extent
that it provides for a period of validity and expiration of a registration certificate or number
plate for a motor vehicle or trailer, a motorcycle, a snowmobile, a vessel, a limited use vehicle,
and an all-terrain vehicle, respectively, in order to extend for the duration of this executive
order the validity of such registration certificate or number plate that expires on or after March
1, 2020;
• Section 420-a of the vehicle and traffic law to the extent that it provides an expiration for
temporary registration documents issued by auto dealers to extend the validity of such during
the duration of this executive order.
22
• Subsection (a) of Section 602 and subsections (a) and (b) of Section 605 of the Business
Corporation Law, to the extent they require meetings of shareholders to be noticed and held at a
physical location.
NOW, THEREFORE, 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 Executive Order through April 19,
2020:
• The provisions of Executive Order 202.6 are hereby modified to read as follows: Effective on
March 22 at 8 p.m.: All businesses and not-for-profit entities in the state shall utilize, to the
maximum extent possible, any telecommuting or work from home procedures that they can
safely utilize. Each employer shall reduce the in-person workforce at any work locations by
100% no later than March 22 at 8 p.m. Any essential business or entity providing essential
services or functions shall not be subject to the in-person restrictions. An entity providing
essential services or functions whether to an essential business or a non-essential business shall
not be subjected to the in-person work restriction, but may operate at the level necessary to
provide such service or function. Any business violating the above order shall be subject to
enforcement as if this were a violation of an order pursuant to section 12 of the Public Health
Law.
• Effective at 8 p.m. March 20, any appointment that is in-person at any state or county
department of motor vehicles is cancelled, and until further notice, only on-line transactions will
be 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 also authorize
abatement of interest, for a period of 60 days for a taxpayers who are 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.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this twentieth day of March
in the year two thousand twenty.
BY THE GOVERNOR
23
No. 202.9
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster
emergency for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and are expected to be continue;
WHEREAS, in order to facilitate the most timely and effective response to the COVID-19 emergency
disaster, it is critical for New York State to be able to act quickly to gather, coordinate, and deploy goods,
services, professionals, and volunteers of all kinds; and
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, I hereby temporarily suspend or modify, for the
period from the date of this Executive Order through April 20, 2020 the following:
• Subdivision two of Section 39 of the Banking Law is hereby modified to provide that it shall be
deemed an unsafe and unsound business practice if, in response to the COVID-19 pandemic, any
bank which is subject to the jurisdiction of the Department shall not grant a forbearance to any
person or business who has a financial hardship as a result of the COVID-19 pandemic for a
period of ninety days.
NOW, THEREFORE, 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 Executive Order through April 20,
2020:
• The Superintendent of the Department of Financial Services shall ensure under reasonable and
prudent circumstances that any licensed or regulated entities provide to any consumer in the
State of New York an opportunity for a forbearance of payments for a mortgage for any person
or entity facing a financial hardship due to the COVID-19 pandemic. The Superintendent shall
promulgate emergency regulations to require that the application for such forbearance be made
widely available for consumers, and such application shall be granted in all reasonable and
prudent circumstances solely for the period of such emergency.
• Further, the Superintendent shall be empowered to promulgate emergency regulations to direct
that, solely for the period of this emergency, fees for the use of automated teller machines
(ATMs), overdraft fees and credit card late fees, may be restricted or modified in accordance
with the Superintendent’s regulation of licensed or regulated entities taking into account the
financial impact on the New York consumer, the safety and soundness of the licensed or
regulated entity, and any applicable federal requirements.
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
March in the year two thousand twenty.
BY THE GOVERNOR
24
No. 202.10
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster
emergency for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and are expected to be continue;
WHEREAS, ensuring the State of New York has adequate bed capacity, supplies, and providers to treat
patients affected with COVID-19, as well as patients afflicted with other maladies, is of critical
importance; and
WHEREAS, eliminating any obstacle to the provision of supplies and medical treatment is necessary to
ensure the New York healthcare system has adequate capacity to provide care to all who need it;
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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through April 22, 2020 the following:
• Section 2803 of the Public Health Law, and Parts 400, 401, 405, 409, 710, 711 and 712 of Title
10 of the NYCRR, to the extent necessary to permit and require general hospitals to take all
measures necessary to increase the number of beds available to patients, in accordance with the
directives set forth in this Executive Order;
• Section 3001, 3005-a, 3008, and 3010 of the Public Health Law to the extent necessary to modify
the definition of “emergency medical services” to include emergency, non-emergency and low
acuity medical assistance; to eliminate any restrictions on an approved ambulance services or
providers operating outside of the primary territory listed on such ambulance service’s
operating certificate with prior approval by the Department of Health; to permit the
Commissioner of Health to issue provisional emergency medical services provider certifications
to qualified individuals with modified certification periods as approved; and to allow emergency
medical services to transport patients to locations other than healthcare facilities with prior
approval by Department of Health;
• Section 3002, 3002-a, 3003, and 3004-a of Public Health Law to the extent necessary to allow
any emergency medical treatment protocol development or modification to occur solely with
the approval of the Commissioner of Health;
• Sections 405.13 and 755.4 of Title 10 of the NYCRR to the extent necessary to permit an
advanced practice registered nurse with a doctorate or master's degree specializing in the
administration of anesthesia administering anesthesia in a general hospital or free-standing
ambulatory surgery center without the supervision of a qualified physician in these health care
settings;
25
• Paragraph 1 of Section 6542 of the Education Law and Subdivisions (a) and (b) of Section 94.2 of
Title 10 of the NYCRR to the extent necessary to permit a physician assistant to provide medical
services appropriate to their education, training and experience without oversight from a
supervising physician without civil or criminal penalty related to a lack of oversight by a
supervising physician;
• Paragraph 1 of Section 6549 of the Education Law and Subdivisions (a) and (b) of Section 94.2 of
Title 10 of the NYCRR to the extent necessary to permit a specialist assistant to provide medical
services appropriate to their education, training and experience without oversight from a
supervising physician without civil or criminal penalty related to a lack of oversight by a
supervising physician;
• Subdivision (3) of Section 6902 of Education Law, and any associated regulations, including, but
not limited to, Section 64.5 of Title 10 of the NYCRR, to the extent necessary to permit a nurse
practitioner to provide medical services appropriate to their education, training and experience,
without a written practice agreement, or collaborative relationship with a physician, without
civil or criminal penalty related to a lack of written practice agreement, or collaborative
relationship, with a physician;|
• Subdivision (15) of section 3001, and Sections 800.3, 800.15 and 800.16 of Title 10 of the
NYCRR with approval of the department, to the extent necessary to define “medical control” to
include emergency and non-emergency direction to all emergency medical services personnel
by a regional or state medical control center and to permit emergency medical services
personnel to operate under the advice and direction of a nurse practitioner, physician assistant,
or paramedic, provided that such medical professional is providing care under the supervision
of a physician and pursuant to a plan approved by the Department of Health;
• Subdivision (2) of section 6527, Section 6545, and Subdivision (1) of Section 6909 of the
Education Law, to the extent necessary to provide that all physicians, physician assistants,
specialist assistants, nurse practitioners, licensed registered professional nurses and licensed
practical nurses shall be immune from civil liability for any injury or death alleged to have been
sustained directly as a result of an act or omission by such medical professional in the course of
providing medical services in support of the State’s response to the COVID-19 outbreak, unless it
is established that such injury or death was caused by the gross negligence of such medical
professional;
• Any healthcare facility is authorized to allow students, in programs to become licensed in New
York State to practice as a healthcare professional, to volunteer at the healthcare facility for
educational credit as if the student had secured a placement under a clinical affiliation
agreement, without entering into any such clinical affiliation agreement;
• Notwithstanding any law or regulation to the contrary, health care providers are relieved of
recordkeeping requirements to the extent necessary for health care providers to perform tasks
as may be necessary to respond to the COVID-19 outbreak, including, but not limited
to, requirements to maintain medical records that accurately reflect the evaluation and
treatment of patients, or requirements to assign diagnostic codes or to create or maintain other
records for billing purposes. Any person acting reasonably and in good faith under this
provision shall be afforded absolute immunity from liability for any failure to comply with any
recordkeeping requirement. In order to protect from liability any person acting reasonably and
in good faith under this provision, requirements to maintain medical records under Subdivision
32 of Section 6530 of the Education Law, Paragraph (3) of Subdivision (a) of Section 29.2 of Title
8 of the NYCRR, and Sections 58-1.11, 405.10, and 415.22 of Title 10 of the NYCRR, or any other
26
such laws or regulations are suspended or modified to the extent necessary for health care
providers to perform tasks as may be necessary to respond to the COVID-19 outbreak;
• Section 405.45 of Title 10 of the NYCRR to the extent necessary to permit the Commissioner of
Health to designate a health care facility as a trauma center, or extend or modify the period for
which a health care facility may be designated as a trauma center, or modify the review team for
assessment of trauma center;
• Sections 800.3, 800.8, 800.9, 800.10, 800.12, 800.17, 800.18, 800.23, 800.24, and 800.26 of Title
10 of the NYCRR to the extent necessary to extend all existing emergency medical services
provider certifications for one year; to permit the Commissioner of Health to modify the
examination or recertification requirements for emergency medical services provider
certifications; to suspend or modify, at the discretion of the Commissioner of Health, any
requirements for the recertification of previously certified emergency medical services
providers; and, at the discretion of the Commissioner of Health, develop a process determined
by the Department of Health, to permit any emergency medical services provider certified or
licensed by another State to provide emergency medical services within New York state; at the
discretion of the Commissioner of Health, to suspend or modify equipment or vehicle
requirements in order to ensure sustainability of EMS operations;
• Paragraph (6) of subdivision (b) of part 405.4 of Title 10 of the NYCRR to the extent necessary to
remove limits on working hours for physicians and postgraduate trainees;
• Subparagraph (ii) of paragraph (2) of subdivision (g) of 10 N.Y.C.R.R. section 405.4, to the extent
necessary to allow graduates of foreign medical schools having at least one year of graduate
medical education to provide patient care in hospitals, is modified so as to allow such graduates
without licenses to provide patient care in hospitals if they have completed at least one year of
graduate medical education;
• Subdivision (e) of section 405.2 of Title 10 of the NYCRR, to the extent necessary to permit
general hospitals affected by the disaster emergency to maintain adequate staffing;
• Subdivision (b) of section 405.3 of Title 10 of the NYCRR, to the extent necessary to allow
general hospitals to use qualified volunteers or personnel affiliated with different general
hospitals, subject to the terms and conditions established by the Commissioner of Health;
• Section 3507 of the Public Health Law and Part 89 of Title 10 of the NYCRR to the extent
necessary to permit radiologic technologists licensed and in current good standing in New York
State but not registered in New York State to practice in New York State without civil or criminal
penalty related to lack of registration;
• Sections 3502 and 3505 of the Public Health Law and Part 89 of Title 10 of the NYCRR to the
extent necessary to permit radiologic technologists licensed and in current good standing in any
state in the United State to practice in New York State without civil or criminal penalty related to
lack of licensure;
• Sections 8502, 8504, 8504-a, 8505, and 8507 of the Education Law and Subpart 79-4 of Title 8 of
the NYCRR, to the extent necessary to allow respiratory therapists licensed and in current good
standing in any state in the United States to practice in New York State without civil or criminal
penalty related to lack of licensure;
27
• Section 6502 of the Education Law and 8 NYCRR 59.8, to the extent necessary to allow
physician’s assistants licensed and in current good standing in New York State but not
registered in New York State to practice in New York State without civil or criminal penalty
related to lack of registration;
• Section 6502 of the Education Law and 8 NYCRR 59.8, to the extent necessary to allow
registered professional nurses, licensed practical nurses and nurse practitioners licensed and in
current good standing in New York State but not registered in New York State to practice in New
York State without civil or criminal penalty related to lack of registration;
• Subdivision (2-b) of Section 4002 of the Public Health Law to the extent necessary to allow a
hospice residence to designate any number of beds within such facility as dually certified
inpatient beds;
• Title V of Article 5 of the Public Health Law and subparts 19 and 58 of Title 10 of the NYCRR, to
the extent necessary to allow laboratories holding a Clinical Laboratory Improvement Acts
(CLIA) certificate and meeting the CLIA quality standards described in 42 CFR Subparts H, J, K
and M, to perform testing for the detection of SARS-CoV-2 in specimens collected from
individuals suspected of suffering from a COVID-19 infection;
• Article 139 of the Education Law, Section 576-b of the Public Health Law and Section 58-1.7 of
Title 10 of the NYCRR, to the extent necessary to permit registered nurses to order the collection
of throat or nasopharyngeal swab specimens from individuals suspected of being infected by
COVID-19, for purposes of testing; and
• Subdivision (1) of Section 6801 of the Education Law, Section 6832 of the Education Law and
Section 29.7(a)(21)(ii)(b)(4) of Title 8 of the NYCRR, to the extent necessary to permit a
certified or registered pharmacy technician, under the direct personal supervision of a licensed
pharmacist, to assist such licensed pharmacist, as directed, in compounding, preparing, labeling,
or dispensing of drugs used to fill valid prescriptions or medication orders for a home infusion
provider licensed as a pharmacy in New York, compliant with the United States Pharmacopeia
General Chapter 797 standards for Pharmaceutical Compounding – sterile preparations, and
providing home infusion services through a home care agency licensed under Article 36 of the
Public Health Law.
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 hereby issue the
following directives for the period from the date of this Executive Order through April 22, 2020:
• Any healthcare facility is authorized to allow students, in programs to become licensed in New
York State to practice a healthcare professional, to volunteer at the healthcare facility for
educational credit as if the student had secured a placement under a clinical affiliation
agreement, without entering into any such clinical affiliation agreement;
• The Commissioner of Health is authorized to direct, and shall so direct, all general hospitals,
ambulatory surgery centers, office-based surgery practices and diagnostic and treatment
centers to increase the number of beds available to patients, including by canceling all elective
surgeries and procedures, as the Commissioner of Health shall define. General hospitals shall
comply with such order by submitting COVID-19 Plans to the New York State Department of
Health (NYSDOH), on a schedule to be determined by NYSDOH, to accomplish this purpose;
28
• The Commissioner of Health is authorized to suspend or revoke the operating certificate of any
general hospital should they be unable to meet the requirements of the necessary capacity
directives; and notwithstanding any law to the contrary the Commissioner may appoint a
receiver to continue the operations on 24 hours’ notice to the current operator, in order to
preserve the life, health and safety of the people of the State of New York.
• Any licensed health insurance company shall deliver to the Superintendent, no later than March
24, 2020 a list of all persons who have a professional licensure or degree, whether physician’s
assistant, medical doctor, licensed registered nurse, licensed nurse practitioner or licensed
practical nurse, and whether or not the person has a currently valid, or recently (within past five
years) expired license in the state of New York. The Department of Financial Services shall poll
such individuals to determine whether or not such professionals would serve in the COVID-19
response effort.
• Non-essential gatherings of individuals of any size for any reason (e.g. parties, celebrations or
other social events) are canceled or postponed at this time.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this twenty-third day of
March in the year two thousand twenty.
BY THE GOVERNOR
29
No. 202.11
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 be 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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through April 26, 2020 the following:
• Sections 16.03 and 16.05 of the Mental Hygiene Law and Part 619 of Title 14 of the NYCRR to
the extent that they limit the provision of certain services to certified settings provided,
however, that use of such settings shall require the approval of the commissioner of OPWDD;
• Section 633.16 of Title 14 of the NYCRR to the extent necessary to permit abbreviated training
and/or extension of recertification deadlines for direct support professionals employed in
programs and facilities certified pursuant to Article 16 of the Mental Hygiene Law that are
experiencing staff shortages;
• Sections 131-u and 459(b) of the Social Services Law and Sections 408.6, 408.7 and 408.8 Of
Title 18 of the NYCRR insofar as the statute and regulations limit the duration and amount of
reimbursement for residential programs for victims of domestic violence to the per diem rate
established by the Office of Children and Family Services;
• Section 6808(1) of the Education Law and any associated regulations, to the extent necessary to
temporarily permit registered resident pharmacies and registered resident outsourcing
facilities to compound certain alcohol-based hand sanitizer products, consistent with the Food
and Drug Administration’s Policy for Temporary Compounding of Certain Alcohol-Based Hand
Sanitizer Products During the Public Health Emergency (March 2020);
• Sections 6802, 6808, and 6841 of the Education Law and Parts 29.7 (10) and 63.6 of Title 8 of
the NYCRR, to the extent necessary to permit pharmacy technicians and pharmacists to practice
at an alternative location, including their home, as long as there is adequate security to prevent
any Personal Health Information from being compromised;
• Subdivision 5 of Section 6907 of the Education Law and associated regulation, to the extent
necessary to permit graduates of registered professional nurse and licensed practical nurse
licensure qualifying education programs registered by the State Education Department to be
employed to practice nursing under the supervision of a registered professional nurse and with
the endorsement of the employing hospital or nursing home for 180 days immediately following
graduation;
30
• Subdivision 11 of section 17 of the Public Officers Law, and any associated regulations, to the
extent necessary to ensure that physicians assisting in the State’s response to COVID-19 in a
facility owned or leased by SUNY and operated by SUNY are not excluded from the provisions of
section 17 of the Public Officers Law for the medical services provided as part of the State’s
response to COVID-19;
• Paragraph a of subdivision 1 of section 17 of the Public Officers Law, and any associated
regulations, to the extent that SUNY has designated a state volunteer program under this
paragraph for SUNY Upstate Hospital, SUNY Stony Brook University Hospital, and University
Hospital SUNY Downstate, that is comprised of both compensated and uncompensated
volunteers;
• Subdivision (3) of section 6305 of the Education Law and subdivision (c) of section 602.12 of
Title 8 of the NYCRR, and any other applicable state or local law, rule, or regulation, to the extent
necessary to suspend the thirty-day requirement for submission of certificates of residence to
community colleges in New York State, and to allow for electronic mail and mail by post
applications for certificates of residence in every county for the duration of the COVID-19
emergency;
• Sections 2800(1)(a) and (2)(a); 2801(1) and (2); 2802(1) and (2); 2824(2) of the Public
Authorities Law, to the extent consistent and necessary to allow the director of the Authorities
Budget Office to disregard such deadlines due to a failure by a state or local authority to meet
the requirements proscribed within these sections during the period when a properly executed
declaration of a state of emergency has been issued;
• Section 103(2) of the General Municipal Law, Section 144(1) of the State Finance Law, Section
376(8)(a) of the Education Law, and Section 359(1) of the Public Authorities Law to the extent
necessary to allow the non-public opening of bids; provided, however, that, where practical,
public entities shall record or live stream bid openings so that the public has the opportunity to
view such bid openings;
• To allow individuals and businesses licensed by the Department of State to extend the
expiration date of their license:
o Articles 6-D, 7, 7-A, 8-B, 8-C, 27, 28, 35-B, 35-C, 37-A, 39-E, 39-G, 41, and Section 399-pp
of the General Business Law are amended, as necessary, to extend the time to renew a
license to the 30th day following the expiration of this Executive Order;
o Articles 6-F, 6-H, and Sections 130-131 of the New York Executive Law are amended, as
necessary, to extend the time to renew a license to the 30th day following the expiration
of this Executive Order;
o Articles 12-A, 12-B, and 12-C of the Real Property Law are amended, as necessary, to
extend the time to renew a license to the 30th day following the expiration of this
Executive Order; and
o Article 25 of the New York Arts and Cultural Affairs Law is amended, as necessary, to
extend the time to renew a license to the 30th day following the expiration of this
Executive Order;
• Section 1210.13 of Title 19 of the NYCRR, to the extent that continuing education requirements
cannot be met due to the cancellation or postponement of courses during this COVID-19
31
emergency, to allow manufacturers, retailers, installers, and mechanics currently certified by the
Department of State to continue to renew their existing certifications;
• Title 16, the Urban Development Corporation Act, to the extent a public hearing is required to
effectuate a proposed project, provided that the Urban Development Corporation provides an
alternative opportunity for the public to comment on proposed project and publishes notice of
that opportunity consistent with notice requirements in the Act;
• Section 94 of the Executive Law, to the extent that certain trainings are required by Section 94
(10)(a-c), failure to meet such deadlines will not be held to be a violation of the Executive Law
provided such trainings are complete in 30 days;
• Section 352-e(2) of the General Business Law to the extent that it requires response to co-
op/condominium offering plans in 30 days, provided, however, the timeframe for such response
may be extended up to 30 days;
• Sections 806, 808, 809, and 814 of the Executive Law, Section 24-0801 of the Environmental
Conservation Law, and associated regulations to the extent necessary to suspend the statutory
and regulatory time periods required for the Adirondack Park Agency to respond to requests for
variances, permit modifications and otherwise process permit requests;
• Sections 6951, 6952, 6953 and 6955 of the Education Law, to the extent necessary to the extent
necessary to allow midwives licensed and in current good standing in any state in the United
States, or in any province or territory of Canada, to practice in New York State without civil or
criminal penalty related to lack of licensure;
• Section 140(3) of the Transportation Law to the extent necessary to toll for a 30-day period
corresponding to the duration of this Executive Order the requirement of a vehicle inspection
within a period of six months last preceding, only for those vehicles voluntarily placed out of
service due to the COVID-19 outbreak;
• Section 212 of the Retirement and Social Security Law, for the purpose of disregarding any
income earned during the period of the emergency from the earnings limitation calculated
under such section;
• Subdivision (a) of Section 301 of the Vehicle and Traffic Law, to the extent that it require annual
safety inspections and at least biennial emissions inspections, so that vehicles may continue to
be lawfully operated after the expiration of inspection certificates that were valid as of the date
of this order but that expire hereafter; and
• Section 307(1) of the State Technology Law to the extent necessary to allow an electronic
signature to be used by a person in lieu of a signature affixed by hand in executing documents
and forms authorizing or accepting funeral services.
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 hereby issue the
following directives for the period from the date of this Executive Order through April 26, 2020:
• The directive contained in Executive Order 202.4 related to the closure of schools statewide
shall hereafter be modified to provide that all schools shall remain closed until April 15, 2020, at
which time the continued closure shall be re-evaluated. No school shall be subject to a
diminution in school aid due to failure to meet the 180 day in session requirement as a result of
32
the COVID-19 outbreak, provided their closure does not extend beyond the term set forth
herein. School districts must continue plans for alternative instructional options, distribution
and availability of meals, and child care, with an emphasis on serving children of essential
workers, and continue to first use any vacation or snow days remaining.
• During the period when an Executive Order limiting operation of a type of facility or limiting the
number of persons who may occupy any space is in effect, any operation of such a facility or
occupancy of any such space by more than the number of persons allowed by said Executive
Order shall be deemed to be a violation of law and in particular, but not by way of limitation,
shall be deemed to be a violation of the Uniform Code or other local building code in effect in the
jurisdiction in which the facility or space is located. In the event of any such violation, any state,
county, or local police officer authorized to enforce laws within the jurisdiction in which the
space or facility is located is authorized to remove persons from such space or facility. In
addition, in the event of such violation, any state, county, or local code enforcement official or
fire marshal authorized to enforce the Uniform Code or other local building code within the
jurisdiction in which the facility or space is located is authorized to issue an appearance ticket, a
Notice of Violation, an Order to Remedy such violation, which shall require immediate
compliance, and/or a Do Not Occupy Order to any owner, operator, or occupant of any such
facility or space. Nothing in this provision shall limit the authority of any governmental unit or
agency to take such other and/or additional enforcement actions to the extent necessary to
ensure compliance with such occupancy-related directives or facility operation-related
directives.
• Any guidance issued by the New York State Department of Health related to prevention and
infection control of COVID-19 shall be effective immediately and shall supersede any prior
conflicting guidance issued by the New York State Department of Health and any guidance
issued by any local board of health, any local department of health, or any other political
subdivision of the State related to the same subject.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this twenty-seventh day of
March in the year two thousand twenty.
BY THE GOVERNOR
33
No. 202.12
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 be 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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through April 27, 2020 the following:
• Subdivision (1) of Section 4-117 of the Election law to the extent necessary so that the time to
mail the annual check of registrants and notice by mail shall be as directed by the New York
State Board of Elections.
• Paragraph 28 of section 171 of the Tax Law, to the extent it limits the allowable period that the
Tax Commissioner can disregard when a disaster emergency has been declared, in order to
authorize the Tax Commissioner to disregard a period or more than 90 days, but not more than
100 days.
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 hereby issue the
following directives for the period from the date of this Executive Order through April 27, 2020:
• Any presidential primary to be held on April 28, 2020, shall be postponed and rescheduled for
June 23, 2020.
• Any special election to be held on April 28, 2020, including for the Twenty-
Seventh Congressional District, the Twelfth Assembly District, the Thirty-First Assembly District,
the One Hundred and Thirty-Sixth Assembly District, and the Fiftieth Senate District shall be
postponed and rescheduled for June 23, 2020, and the ballots shall remain the same.
• Any article twenty-eight facility licensed by the state, shall, as a condition of licensure permit the
attendance of one support person who does not have a fever at the time of labor/delivery to be
present as a support person for a patient who is giving birth.
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
March in the year two thousand twenty.
BY THE GOVERNOR
34
No. 202.13
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 be 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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through April 28, 2020 the following:
• Sections 16.03 and 16.05 of the Mental Hygiene Law and Part 619 of Title 14 of the NYCRR to
the extent that they limit the provision of certain services to certified settings provided,
however, that use of such settings shall require the approval of the commissioner of OPWDD;
• Sections 16.33, 16.34, 31.35 and 19.20 of the Mental Hygiene law; sections 378-a, 424-a and 495
of the Social Services law; sections 550, 633.5, 633.24 and 805 of Title 14 of the NYCRR; Article
3, sections 442.18, 447.2, 448.3, 449.4, 450.9, 451.6 of Title 18 of the NYCRR ; and sections 166-
1.2, 180-1.5, 180-3.4, 182-1.5, 182-1.9, 182-1.11, 182-2.5, 182-2.9 and 6051.1 of Title 9 of the
NYCRR, to the extent necessary to allow current employees of OPWDD or OPWDD approved
providers, OCFS licensed or certified programs, OASAS certified, funded or authorized programs,
OMH or OMH licensed, funded or approved programs who have previously undergone such
background checks to be employed by a different OPWDD approved provider and/or OCFS
licensed or certified program and/or OASAS certified, funded or authorized program and/or
OMH licensed, funded or approved program without undergoing new background
checks. These provisions are also waived to the extent necessary to allow providers the
discretion to permit already qualified individuals and who are not listed on the Staff Exclusion
List to work unsupervised while an updated background check is completed;
• Sections 3203 and 4510 of the Insurance Law are modified to extend the grace period for the
payment of premiums and fees to 90 days for any life insurance policyholder or fraternal benefit
society certificate holder, as those terms are used in such sections, facing a financial hardship as
a result of the COVID-19 pandemic;
• Sections 3203, 3219, and 3220 of the Insurance Law are modified to provide a life insurance
policyholder or annuity contract holder or a certificate holder, as those terms are used in such
sections, under a group policy or contract with 90 days to exercise rights or benefits under the
applicable life insurance policy or annuity contract for any policyholder or contract holder or
certificate holder under the group policy or contract who is unable timely to exercise rights or
benefits as a result of the COVID-19 pandemic;
• Section 1116 and Articles 34, 53, 54, and 55 of the Insurance Law and Sections 54 and 226 of the
Workers’ Compensation Law are modified to impose a moratorium on an insurer cancelling,
non-renewing, or conditionally renewing any insurance policy issued to an individual or small
35
business, or, in the case of a group insurance policy, insuring certificate holders that are
individuals or small businesses, for a period of 60 days, for any policyholder, or in the case of a
group insurance policy, group policyholder or certificate holder, facing financial hardship as a
result of the COVID-19 pandemic. The foregoing relief shall also apply to the kinds of insurance
set forth in paragraphs (16), (17), (20), (21), (24), (26), and (30) of Section 1113(a) of the
Insurance Law. For purposes of this Executive Order, a small business shall mean any business
that is resident in this State, is independently owned and operated, and employs one hundred or
fewer individuals;
• Section 576 of the Banking Law is modified to grant the Superintendent of Financial Services the
authority to promulgate an emergency regulation to apply the provisions of the Executive Order
relevant to policy cancellations, to premium finance agencies (as defined in Article XII-B of the
Banking Law), subject to the safety and soundness considerations of the premium finance
agencies;
• Subdivisions three and four of section 42 of the Public Officer’s Law to the extent that it requires
that a proclamation be separately issued by the Governor for an election to fill a vacancy; and
• Subdivision (i) of section 414 of the Education Law to the extent necessary to allow the school
districts to pay for the cost of such child care services.
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 hereby issue the
following directives for the period from the date of this Executive Order through April 28, 2020:
• All instruments that are signed and delivered to the superintendent under the New York
Banking Law (the “Banking Law”), and are required to be verified or acknowledged under the
Banking Law, may be verified or acknowledged by including standard verification or
acknowledgement language in the instrument and transmitting a legible copy of the signed
instrument by fax or electronic means.
• The special election in the City of New York to fill the vacancy in the Office of Borough President
of Queens is rescheduled for June 23, 2020. Only candidates who were eligible to appear on the
ballot for the March 24, 2020 special election shall appear on the ballot for the June 23, 2020
special election.
• Any special election which was previously scheduled to occur on April 28, 2020 and rescheduled
for June 23, 2020 by virtue of Executive Order 202.12 shall only contain the names of those
individuals who had previously been qualified to appear on the ballot on April 28, 2020.
• Any school board, library board, or village election scheduled to take place in April or May of
2020 is hereby postponed until at least June 1, 2020, and subject to further directive as to the
timing, location or manner of voting for such elections.
• Any worker who is employed by the state of New York, shall, if deemed non-essential by their
agency shall work from home or shall be able to stay home without charging their accruals until
April 16, 2020.
36
• Executive Order 202.6 is hereby modified to clarify that construction which was an essential
service not subject to the in-person work restrictions is modified to provide
only certain construction is considered exempt from the in-person restrictions as of March 28,
2020. Further, on and after March 27, 2020, Empire State Development Corporation is hereby
authorized to determine which construction projects shall be essential and thereby exempt from
the in-person workforce prohibition, contained in EO 202.6 and subsequent Executive Orders
which further reduced the workforce requirements. All continuing construction projects shall
utilize best practices to avoid transmission of COVID-19.
• By virtue of Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11 which
closed or otherwise restricted public or private businesses or places of public accommodation,
all such Executive Orders shall be continued, provided that the expiration dates of such
Executive Orders shall be aligned, such that all in-person business restrictions will be effective
until 11:59 p.m. on April 15, 2020, unless later extended by future Executive Orders.
• The directive of Executive Order 202.12 requiring a support person for a patient giving birth is
modified insofar as to cover labor, delivery as well as the immediate postpartum period.
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
March in the year two thousand twenty.
BY THE GOVERNOR
37
No. 202.14
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 to 202, for thirty days until May 7, 2020,
except as limited below.
IN ADDITION, I hereby 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, for the
period from the date of this Executive Order through May 7, 2020, the following:
• Section 6524 of the Education Law, section 60.7 of title 8 of NYRR and section paragraph (1) of
subdivision (g) 405.4 of title 10 of the NYCRR to the extent necessary to allow any physician
who will graduate in 2020 from an academic medical program accredited by a medical
education accrediting agency for medical education by the Liaison Committee on Medical
Education or the American Osteopathic Association, and has been accepted by an Accreditation
Council for Graduate Medical Education accredited residency program within or outside of New
York State to practice at any institution under the supervision of a licensed physician;
• Subdivisions one, two, four, five, eight and nine of Section 1726 of the Surrogate's Court
Procedure Act are hereby modified to provide that any parent, a legal guardian, a legal
custodian, or primary caretaker who works or volunteers in a health care facility or who
reasonably believes that they may otherwise be exposed to COVID-19, may designate a standby
guardian by means of a written designation, in accordance with the process set forth in such
subdivisions; and such designation shall become effective also in accordance with the process
set forth in such subdivisions; and
• Sections 3216(d)(1)(C) and 4306(g) of the Insurance Law, subject to consideration by the
Superintendent of Financial Services of the liquidity and solvency of the applicable insurer,
corporation subject to Article 43 of the Insurance Law, or health maintenance organization
certified pursuant to Article 44 of the Public Health Law, to:
o Extend the period for the payment of premiums to the later of the expiration of the
applicable contractual grace period and 11:59 p.m. on June 1, 2020, for any
comprehensive health insurance policyholder or contract holder under an individual
policy or contract, as those terms are used in such sections, who is facing a financial
hardship as a result of the COVID-19 pandemic; and
o Require that the applicable insurer, corporation subject to Article 43 of the Insurance
Law, or health maintenance organization certified pursuant to Article 44 of the Public
38
Health Law shall be responsible for the payment of claims during such period and shall
not retroactively terminate the insurance policy or contract for non-payment of
premium during such period.
FURTHER, I hereby issue the following directives for the period from the date of this Executive Order
through May 7, 2020:
• Any medical equipment (personal protective equipment (PPE), ventilators, respirators, bi-pap,
anesthesia, or other necessary equipment or supplies as determined by the Commissioner of
Health) that is held in inventory by any entity in the state, or otherwise located in the state shall
be reported to DOH. DOH may shift any such items not currently needed, or needed in the short
term future by a health care facility, to be transferred to a facility in urgent need of such
inventory, for purposes of ensuring New York hospitals, facilities and health care workers have
the resources necessary to respond to the COVID-19 pandemic, and distribute them where there
is an immediate need. The DOH shall either return the inventory as soon as no longer urgently
needed and/or, in consultation with the Division of the Budget, ensure compensation is paid for
any goods or materials acquired at the rates prevailing in the market at the time of acquisition,
and shall promulgate guidance for businesses and individuals seeking payment.
• By virtue of Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, and
202.13 which closed or otherwise restricted public or private businesses or places of public
accommodation, and which required postponement or cancellation of all non-essential
gatherings of individuals of any size for any reason (e.g. parties, celebrations, games, meetings
or other social events), all such Executive Orders shall be continued, provided that the
expiration dates of such Executive Orders shall be aligned, such that all in-person business
restrictions and workplace restrictions will be effective until 11:59 p.m. on April 29, 2020,
unless later extended by a future Executive Order.
• The enforcement of any violation of the foregoing directives on and after April 7, 2020, in
addition to any other enforcement mechanism stated in any prior executive orders, shall be a
violation punishable as a violation of public health law section 12-b(2) and the Commissioner of
Health is directed and authorized to issue emergency regulations. The fine for such violation by
an individual who is participating in any gathering which violates the terms of the orders or is
failing to abide by social distancing restrictions in effect in any place which is not their home
shall not exceed $1,000.
• The directive contained in Executive Order 202.4 as amended by Executive Order 202.11 related
to the closure of schools statewide shall hereafter be modified to provide that all schools shall
remain closed through April 29, 2020, at which time the continued closure shall be re-evaluated.
No school shall be subject to a diminution in school aid due to failure to meet the 180 day in
session requirement as a result of the COVID-19 outbreak, provided their closure does not
extend beyond the term set forth herein. School districts must continue plans for alternative
instructional options, distribution and availability of meals, and child care, with an emphasis on
serving children of essential workers, and continue to first use any vacation or snow days
remaining.
39
o extend the period for the payment of premiums to the later of the expiration of the
applicable contractual grace period and 11:59 p.m. on June 1, 2020 for any small group
or student blanket comprehensive health insurance policy or contract, or any child
health insurance plan policy or contract where the policyholder or contract holder pays
the entire premium, as those terms are used in the Insurance Law, for any policyholder
or contract holder who is facing financial hardship as a result of the COVID-19
pandemic; and
o require that the applicable insurer, corporation subject to Article 43 of the Insurance
Law, health maintenance organization certified pursuant to Article 44 of the Public
Health Law, or student health plan certified pursuant to Insurance Law § 1124, shall be
responsible for the payment of claims during such period and shall not retroactively
terminate the insurance policy or contract for non-payment of premium during such
period.
• For the purposes of Estates Powers and Trusts Law (EPTL) 3-2.1(a)(2), EPTL 3-2.1(a)(4), Public
Health Law 2981(2)(a), Public Health Law 4201(3), Article 9 of the Real Property Law, General
Obligations Law 5-1514(9)(b), and EPTL 7-1.17, the act of witnessing that is required under the
aforementioned New York State laws is authorized to be performed utilizing audio-video
technology provided that the following conditions are met:
o The person requesting that their signature be witnessed, if not personally known to the
witness(es), must present valid photo ID to the witness(es) during the video conference,
not merely transmit it prior to or after;
o The video conference must allow for direct interaction between the person and the
witness(es), and the supervising attorney, if applicable (e.g. no pre-recorded videos of
the person signing);
o The witnesses must receive a legible copy of the signature page(s), which may be
transmitted via fax or electronic means, on the same date that the pages are signed by
the person;
o The witness(es) may sign the transmitted copy of the signature page(s) and transmit the
same back to the person; and
o The witness(es) may repeat the witnessing of the original signature page(s) as of the
date of execution provided the witness(es) receive such original signature pages
together with the electronically witnessed copies within thirty days after the date of
execution.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this seventh day of April in
the year two thousand twenty.
BY THE GOVERNOR
40
No. 202.15
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 be 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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through May 9, 2020 the following:
• Paragraph (4) of subdivision (a) of Section 5-6.12 of Title 10 of the NYCRR, governing bottled or
bulk water products sold or distributed in New York, to allow bottled and bulk water product
facilities currently certified in in New York to temporarily, if their stock of regularly used labels
has been depleted, distribute bottled or bulk water products without an assigned New York
State Department of Health certificate number shown on the product label and use labels
authorized in any other state. Once labels showing the assigned certificate number have been
obtained, their use must be resumed;
• Section 6808 of the Education Law and any regulations promulgated thereunder, to the extent
necessary to permit a manufacturer, repacker, or wholesaler of prescription drugs or devices,
physically located outside of New York and not registered in New York, but licensed and/or
registered in any other state, may deliver into New York, prescription drugs or devices;
• Section 6808 of the Education Law, Article 137 of the NYCRR to the extent necessary to allow
that a New York-licensed pharmacy may receive drugs and medical supplies or devices from an
unlicensed pharmacy, wholesaler, or third-party logistics provider located in another state to
alleviate a temporary shortage of a drug or device that could result in the denial of health care
under the following conditions:
o The unlicensed location is appropriately licensed in its home state, and documentation
of the license verification can be maintained by the New York pharmacy.
o The pharmacy complies with all record-keeping requirements for each drug and device
received from any pharmacy, wholesaler, or third-party logistics provider not licensed
in New York.
o All documentation and records required above shall be maintained and readily
retrievable for three years following the end of the declared emergency.
41
o The drug or device was produced by an authorized FDA registered drug manufacturer;
• Sections 6512 through 6516, and 6524 of the Education Law and Part 60 of Title 8 of the NYCRR,
to the extent necessary to allow individuals, who graduated from registered or accredited
medical programs located in New York State in 2020, to practice medicine in New York State,
without the need to obtain a license and without civil or criminal penalty related to lack of
licensure, provided that the practice of medicine by such graduates shall in all cases be
supervised by a physician licensed and registered to practice medicine in the State of New York;
• Subparagraphs (ii) and (iii) of paragraph (b) and paragraph (c) of subdivision (4) of section
2801-a of the Public Health Law, and subparagraph (ii) of paragraph (c) of subdivision (1) and
paragraph (c) of subdivision (2) of section 3611-a of the Public Health Law, to the extent
necessary to limit the Department of Health’s review functions to essential matters during the
pendency of the COVID-19 health crisis, and to toll any statutory time limits for transfer notices
pertaining to operators of Article 28 and Article 36 licensed entities for the duration of this
declaration of disaster emergency, and any subsequent continuation thereof;
• Sections 43 and 45 of the Religious Corporations Law to the extent necessary to allow Protestant
Episcopal parishes to postpone any annual election and notice to the parish of such election
during the state disaster emergency absent formal resolution and ratification by meeting;
• Environmental Conservation Law Articles 3, 8, 9, 13, 15, 17, 19, 23, 24, 25, 27, 33, 34, 35, 37, and
75, and 6 NYCRR Parts 552 , 550, 601, and 609 to the extent necessary to suspend the
requirement that public hearings are required, provided that public comments shall still be
accepted either electronically or by mail, to satisfy public participation requirements;
• State Administrative Procedures Act Section 202(2)(a) to the extent necessary to extend the
expiration date of notices of proposed rulemakings until 90 calendar days after this Executive
Order, as it may be continued, terminates;
• Environmental Conservation Law Article 70, as implemented by 6 NYCRR Parts 621 and 624,
and Environmental Conservation Law Article 17, as implemented by 6 NYCRR Parts 704 and
750 for processing permit applications, to the extent necessary to suspend public hearings
provided that public comments may be accepted as written submissions, either electronically or
by mail, or that any required appearances may be done so by teleconferencing or other
electronic means;
• 6 NYCRR Part 375 and Environmental Conservation Law Article 27 to the extent necessary to
suspend for the duration of this Executive Order public meetings prior to a selection of a final
remedy at inactive hazardous waste disposal sites and public meetings at certain brownfield
cleanup program sites, provided that written comments on proposed remedies may be continue
to be submitted and will be evaluated in remedial decision;
• Section 3635 of the Education law, to the extent necessary to delay the April 1 requirement that
parents must file transportation requests with their school district in order to obtain
transportation for their children for the following school year;
• Sections 6512 through 6516 and 8510 of the Education Law and 8 NYCRR Subpart 79-4 to the
extent necessary to allow respiratory therapy technicians licensed and in current good standing
in any state in the United States to practice in New York State without civil or criminal penalty
related to lack of licensure;
42
• Sections 6512 through 6516, 8402, 8403, 8404, 8405 of the Education Law and 8 NYCRR Sub
Parts 79-9, 79-10, 79-11 and 79-12 to the extent necessary to allow mental health counselors,
marriage and family therapists, creative arts therapists and psychanalysts licensed and in
current good standing in any state in the United States to practice in New York State without
civil or criminal penalty related to lack of licensure;
• Sections 3400, 3420 through 3423, and 3450 through 3457 of the Public Health Law, to the
extent necessary to permit funeral directors licensed and in good standing in any state or
territory of the United States to practice as a funeral director in New York State upon the
approval of, and pursuant to such conditions as may be imposed by, the Commissioner of
Health, without civil or criminal penalty related to lack of licensure in New York State, provided
that such funeral director shall practice under the supervision of a funeral director licensed and
registered in New York State;
• Section 3428 of the Public Health Law to the extent necessary to permit a funeral director
licensed in New York State, but not registered in New York State, to practice in New York State
upon the approval of, and pursuant to such conditions as may be imposed by, the Commissioner
of Health, without civil or criminal penalty related to lack of registration in New York State,
provided that such funeral director shall practice under the supervision of a funeral director
licensed and registered in New York State;
• Section 1517 of the Not for Profit Corporation Law, Sections 203.3, 203.6 and 203.13 of Title 19
of the NYCRR and Section 77.7(a)(1) of Title 10 of the NYCRR, to the extent necessary to allow
persons deputized by the Commissioner of Health to be agents authorized by a funeral director
or undertaker to be present and personally supervise and arrange for removal or transfer of
each dead human body;
• Section 1517 of the Not for Profit Corporation Law, Sections 203.3, 203.6 and 203.13 of Title 19
of the NYCRR and Section 77.7(a)(4) of Title 10 of the NYCRR, to the extent necessary to allow
persons deputized by the Commissioner of Health to be agents authorized by a funeral director
or undertaker, or a county coroner, coroner physician and/or medical director for those
deceased human bodies within their supervision, to personally supervise and arrange the
delivery of a deceased person to the cemetery, crematory or a common carrier, with a copy of
the filed death certificate;
• Sections 4140 and 4144 of the Public Health Law, Sections 1502, 1517 of the Not for Profit
Corporation Law and Sections 203.1, 203.4, 203.8 and 203.13 of Title 19 of the NYCRR and
Section 13.1 of Title 10 of the NYCRR, to the extent necessary to permit the State Registrar to
register death certificates and issue burial and removal permits, upon the request of a local
registrar and upon approval of the Commissioner of Health;
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 hereby issue the
following directives for the period from the date of this Executive Order through May 9, 2020:
• Any local official, state official or local government or school, which, by virtue of any law has a
public hearing scheduled or otherwise required to take place in April or May of 2020 shall be
postponed, until June 1, 2020, without prejudice, however such hearing may continue if the
convening public body or official is able to hold the public hearing remotely, through use of
telephone conference, video conference, and/or other similar service.
43
• For the period from the date of this Executive Order through May 9, 2020, the Department of
Taxation and Finance is authorized to accept digital signatures in lieu of handwritten signatures
on documents related to the determination or collection of tax liability. The Commissioner of
Taxation and Finance shall determine which documents this directive shall apply to and shall
further define the requirements for accepted digital signatures.
• Section 8-400 of the Election Law is temporarily suspended and hereby modified to provide that
due to the prevalence and community spread of COVID-19, an absentee ballot can be granted
based on temporary illness and shall include the potential for contraction of the COVID-19 virus
for any election held on or before June 23, 2020.
• Solely for any election held on or before June 23, 2020, Section 8-400 of the Election Law is
hereby modified to allow for electronic application, with no requirement for in-person signature
or appearance to be able to access an absentee ballot.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this ninth day of April in
the year two thousand twenty.
BY THE GOVERNOR
44
No. 202.16
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 be 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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through May 12, 2020 the following:
• Sections 8602 and 8603 of the Education Law, and section 58-1.5 of Title 10 of the NYCRR, to the
extent necessary to permit individuals to perform testing for the detection of SARS-CoV-2, or its
antibodies, in specimens collected from individuals suspected of suffering from a COVID-19
infection; individuals performing testing must meet the federal requirements for testing
personnel appropriate to the assay or device authorized by the FDA or the New York State
Department of Health;
• Section 711 of the Real Property and Proceedings Law, Section 232-a of the Real Property Law,
and subdivisions 8 and 9 of section 4 of the Multiple Dwelling Law, and any other law or
regulation are suspended and modified to the extent that such laws would otherwise create a
landlord tenant relationship between any individual assisting with the response to COVID-19 or
any individual that has been displaced due to COVID-19, and any individual or entity, including
but not limited to any hotel owner, hospital, not-for-profit housing provider, hospital, or any
other temporary housing provider who provides temporary housing for a period of thirty days
or more solely for purposes of assisting in the response to COVD-19;
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 hereby issue the
following directives for the period from the date of this Executive Order through May 12, 2020:
• The New York City Department of Law shall issue no-action or no-filing letters received during
the duration of this executive order within 45 days from submission of such no-action or no-
filing application made to the department of law for essential projects involving affordable
housing and homeless shelters. For each application granted by the department of law which
permits the applicant to solicit public interest or public funds preliminary to the filing of an
offering statement or for the issuance of a "no-filing required" letter. The New York City
Department of Finance shall process and record condominium declarations for essential
projects involving hospitals or health care facilities, affordable housing, and homeless shelters
within 30 days of receipt of such filing.
• Any political party, political party authority or political party official, which, by virtue of any law
has a caucus scheduled or otherwise required to take place in April or May of 2020, shall be
postponed until June 1, 2020, without prejudice, however such caucus may continue if the
45
caucus is able to be held remotely, through use of telephone conference, video conference,
and/or other similar service, and provided that notice for any party caucus to be held remotely
shall be deemed satisfied if such notice includes specific information on remote participation
and has been filed with the clerk and board of elections at least five days preceding the day of
the caucus and published either by newspaper publication thereof once within the village, or on
the party 's website, or through electronic mail to any previous caucus participant for which the
party has an electronic mail address.
• For all essential businesses or entities, any employees who are present in the workplace shall be
provided and shall wear face coverings when in direct contact with customers or members of
the public. Businesses must provide, at their expense, such face coverings for their employees.
This provision may be enforced by local governments or local law enforcement as if it were an
order pursuant to section 12 or 12-b of the Public Health Law. This requirement shall be
effective Wednesday, April 15 at 8 p.m.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this twelfth day of April in
the year two thousand twenty.
BY THE GOVERNOR
46
No. 202.17
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 be 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 May 15, 2020:
• The directive contained in Executive Order 202.16 related to issuance of no-action or no-filing
letters is modified to require such letters be issued by the Attorney General.
• Effective at 8 p.m. on Friday, April 17, 2020 any individual who is over age two and able to
medically tolerate a face-covering shall be required to cover their nose and mouth with a mask
or cloth face-covering when in a public place and unable to maintain, or when not maintaining,
social distance.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this fifteenth day of April in
the year two thousand twenty.
BY THE GOVERNOR
47
No. 202.18
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 be 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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through May 16, 2020 the following:
• Sections 6512 through 6516, and 6905, 6906 and 6910 of the Education Law and Part 64 of Title
8 of the NYCRR, to the extent necessary to allow registered nurses, licensed practical nurses, and
nurse practitioners or a substantially similar title licensed and in current good standing in any
province or territory of Canada, to practice in New York State without civil or criminal penalty
related to lack of licensure;
• Sections 6512 through 6516, and 6524 of the Education Law and Part 60 of Title 8 of the NYCRR,
to the extent necessary to allow physicians licensed and in current good standing in any
province or territory of Canada, to practice medicine in New York State without civil or criminal
penalty related to lack of licensure;
• Sections 6512 through 6516, and 6541 of the Education Law and Part 60.8 of Title 8 of the
NYCRR 8 NYCRR, to the extent necessary to allow physician assistants or a substantially similar
title licensed and in current good standing in any province or territory of Canada, to practice in
New York State without civil or criminal penalty related to lack of licensure;
• Sections 3502 and 3505 of the Public Health Law and Part 89 of Title 10 of the NYCRR to the
extent necessary to permit radiologic technologists or a substantially similar title licensed and in
current good standing in any province or territory of Canada, to practice in New York State
without civil or criminal penalty related to lack of licensure;
• Sections 6512 through 6516, 6548 and 6911 of the Education Law and sections 60.11 and 64.8
Title 8 of the NYCRR, to the extent necessary to allow clinical nurse specialists, specialist
assistants, and substantially similar titles certified and in current good standing in any state in
the United States, or any province or territory of Canada, to practice in New York State without
civil or criminal penalty related to lack of certification;
• Sections 6512 through 6516, and 7704 of the Education Law and Part 74 of Title 8 of the NYCRR,
to the extent necessary to allow licensed master social workers, licensed clinical social workers,
and substantially similar titles licensed and in current good standing in any state in the United
States, or in any province or territory of Canada, to practice in New York State without civil or
criminal penalty related to lack of licensure;
48
• Section 6502 of the Education Law and 8 NYCRR 59.8, to the extent necessary to allow specialist
assistants, respiratory therapists, respiratory therapist technicians, pharmacists, clinical nurse
specialists, dentists, dental hygienists, registered dental assistants, midwives, perfusionists,
clinical laboratory technologists, cytotechnologists, certified clinical laboratory technicians,
certified histological technicians, licensed clinical social workers, licensed master social
workers, podiatrists, physical therapists, physical therapist assistants, mental health counselors,
marriage and family therapists, creative arts therapists, psychoanalysts and psychologists who
have an unencumbered license and are currently in good standing in New York State but not
registered in New York State to practice in New York State without civil or criminal penalty
related to lack of registration;
• Section 6908 of the Education Law and associated regulations, to the extent necessary to permit
graduates of State Education Department registered, licensure qualifying nurse practitioner
education programs to be employed to practice nursing in a hospital or nursing home for 180
days immediately following successful completion of a New York State Registered licensure
qualifying education program, provided that the graduate files with the State Education
Department an application for certification as a nurse practitioner;
• Section 8609 of the Education Law and associated regulations, to the extent necessary to permit
graduates of State Education Department registered, licensure qualifying clinical laboratory
technology and clinical laboratory technician education programs to be employed to practice for
180 days immediately following successful completion of a New York State Registered licensure
qualifying education program, in a clinical laboratory with a valid New York State permit,
provided that the graduate files an application for a New York State clinical laboratory
practitioner license and limited permit;
• Section 6808 of the Education Law and 8 NYCRR 63.6 and 63.8, to the extent necessary to extend
the triennial registrations of pharmacy establishments who are currently registered and whose
registration is set to expire on or after March 31, 2020. An application for re-registration of such
registrations shall be submitted no later than 30 days after expiration of Executive Order 202;
• Sections 1514 and 1531 of the Business Corporation Law and Section 121-1500(g) of the
Partnership Law, to the extent necessary to extend the statements of domestic or foreign
professional service corporations, design professional service corporations, registered
professional limited liability partnerships, New York registered foreign professional limited
liability partnerships whose statements are set to expire on or after March 31, 2020. Such
statements shall be filed no later than 30 days after the expiration of Executive Order 202;
• Section 7210 of the Education Law, to the extent necessary to extend the triennial renewal of
certificates of authorizations of domestic or foreign professional service corporations, design
professional service corporations, professional service limited liability companies, foreign
professional service limited liability companies, registered professional limited liability
partnerships, New York registered professional foreign limited liability partnerships,
partnerships and joint enterprises specified in Education Law §7209(4) authorized to provide
professional engineering, land surveying or professional geology services whose certificates of
authorizations are set to expire on or after March 31, 2020. The application for the renewal of
such certificates of authorization shall be submitted no later than 30 days after the expiration of
Executive Order 202;
• Section 6503-b of the Education Law and 8 NYCRR 59.15, to the extent necessary to extend the
waivers for certain special education schools and early intervention programs providing certain
professional services whose waivers are set to expire on or after March 31, 2020. An application
49
for renewal of such waivers shall be submitted no later than 30 days after expiration of
Executive Order 202;
• Sections 6802, 6808, and 6841 of the Education Law and Parts 29.7 (10) and 63.6 of Title 8 of
the NYCRR, to the extent necessary to permit pharmacy technicians and pharmacists to practice
at an alternative location, including their home, as long as there is adequate security to prevent
any Personal Health Information from being compromised;
• Section 603(b) of the Not-for-Profit Corporations Law to the extent necessary to permit annual
meetings of members to be held remotely or by electronic means;
• Sub-clauses (1), (2), and (3) of clause (a) of subparagraph (ii) of paragraph (3) of subdivision (a)
of section 6654.10 of Title 9 of the New York Code of Rules and Regulations, to the extent
necessary to make home-delivered meals available to persons age 60 or older who do not meet
these listed eligibility requirements;
• Paragraph (4) of subdivision (a) and subparagraph (ii) of paragraph (14) of subdivision (b) of
section 6654.10 of Title 9 of the New York Code of Rules and Regulations, insofar as it requires
meals served to provide minimum percentages of the dietary reference intake;
• Paragraph (6) of subdivision (a) of section 6654.10 of Title 9 of the New York Code of Rules and
Regulations to the extent that it requires menus to be reviewed and approved by a registered
dietitian;
• Paragraph (5) of subdivision (a) and paragraph (6) of subdivision (b) of section 6654.10 of Title
9 of the New York Code of Rules and Regulations, insofar as it requires menus to follow a
minimum of a four-week cycle;
• Clause (a) of subparagraph (i) of paragraph (3) of subdivision (a) and subparagraph (ii) of
paragraph (2) of subdivision (b) of section 6654.10 of Title 9 of the New York Code of Rules and
Regulations, insofar as it requires that home-delivered meals be provided 5 or more days per
week;
• Paragraph (2) of subdivision (s) of section 6654.17 of Title 9 of the New York Code of Rules and
Regulations to the extent that it requires an in-home supervisory visit within 5 days of the first
time services are provided to a client;
• Section 6654.6 of Title 9 of the New York Code of Rules and Regulations to the extent necessary
to allow for all new clients to be provided services under the Expanded In-Home Services for the
Elderly Program without the requirement that any such clients pay cost-sharing until such time
as an assessment is conducted and a cost share amount can be determined;
• Subdivision (r) of section 6654.16 of Title 9 of the New York Code of Rules and Regulations to
the extent that it requires client contacts be conducted in-home or in-person and to allow for all
required client contacts to be conducted by telephone or otherwise remotely;
• Section 352-eeee(2)(a) of the General Business Law, and any order, rule, or regulation in
furtherance of the requirements thereof, to the extent it requires that an offering statement or
prospectus become effective within fifteen months from filing or from the date of issue of the
letter of the attorney general stating that the offering statement or prospectus has been
accepted for filing, and any such fifteen month period, shall be tolled during the duration of this
50
executive order;
• Section 352-e(7)(a) of the General Business law, and any order, rule, or regulation in
furtherance of the requirements thereof, to the extent it requires certain filing fees be made at
the time of submission and filing of each offering statement or prospectus, shall be exempted
during the duration of this executive order, it being understood that such filing fees shall be
remitted in full to the department of law within 90 days from the expiration of this executive
order;
• 13 NYCRR §§ 18.3(g)(1), 20.3(h)(1), 23.3(h)(1), and any order, rule, or regulation in furtherance
of the requirements thereof, to the extent it requires sponsor to set forth a budget for the first
year of condominium operation, the requirements with respect to any such projected first year
of condominium operation are hereby tolled for the duration of this executive order. Sponsor
must update the first year of operation, as necessary, within 30 days from the expiration of this
executive order and shall not be required to offer rescission, to the extent such budget for the
first year of operation does not increase by 25 percent or more during the pendency of the state
of disaster emergency;
• 13 NYCRR § 20.3(o)(12), and any order, rule, or regulation in furtherance of the requirements
thereof, to the extent it requires sponsor to offer rescission if the first closing of a unit does not
occur within the first year of operation projected in schedule B, is hereby tolled for the duration
of the executive order. Sponsor must update the first year of operation, as necessary, within 30
days from the expiration of this executive order;
• Article 165 of the Education Law and section 58-1.3 of Title 10 of the NYCRR, to the extent
necessary to allow clinical laboratory practitioners to perform testing in a clinical laboratory
under remote supervision, provided a supervisor is on-site at least eight hours per week;
• Subdivision (a) of section 70 and subdivision (a) of section 370 of the retirement and social
security law, to the extent necessary to waive the 15 day waiting period in which a service
retirement application must be on file before it becomes effective, which suspension shall be
deemed to have been in effect on and after the issuance of executive order 202, and shall enable
any member who has died due to COVID-19 after March 7, 2020 while an application was on file,
but not yet effective, shall be entitled to retirement benefits due to them pursuant to this
suspension;
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 hereby issue the
following directives for the period from the date of this Executive Order through May 16, 2020:
• Any skilled nursing facility, nursing home, or adult care facility licensed and regulated by the
Commissioner of Health shall notify family members or next of kin if any resident tests positive
for COVID-19, or if any resident suffers a COVID-19 related death, within 24 hours of such
positive test result or death.
• Any person utilizing public or private transportation carriers or other for-hire vehicles, who is
over age two and able to medically tolerate a face covering, shall wear a mask or face covering
over the nose and mouth during any such trip; any person who is operating such public or
private transport, shall likewise wear a face covering or mask which covers the nose and mouth
while there are any passengers in such vehicle. This directive shall take effect in the same
manner as Executive Order 202.17, at 8 p.m. on Friday, April 17, 2020.
51
• Executive Order 202.14, which extended the provisions of Executive Orders 202.3, 202.4, 202.5,
202.6, 202.7, 202.8, 202.10, 202.11, and 202.13 which each closed or otherwise restricted public
or private businesses or places of public accommodation, and which required postponement or
cancellation of all non-essential gatherings of individuals of any size for any reason (e.g. parties,
celebrations, games, meetings or other social events), is hereby continued, provided that the
expiration date of such provisions of such Executive Orders shall be aligned, such that all in-
person business restrictions and workplace restrictions will be effective until 11:59 p.m. on May
15, 2020, unless later extended by a future Executive Order. All enforcement mechanisms by
state or local governments shall continue to be in full force an effect until May 15, 2020 unless
later extended by a future Executive Order.
• Executive Order 202.14, which extended the directive contained in Executive Order 202.4 as
amended by Executive Order 202.11 related to the closure of schools statewide is hereby
continued to provide that all schools shall remain closed through May 15, 2020, at which time
the continued closure shall be re-evaluated. No school shall be subject to a diminution in school
aid due to failure to meet the 180 day in session requirement as a result of the COVID-19
outbreak, provided their closure does not extend beyond the term set forth herein. School
districts must continue plans for alternative instructional options, distribution and availability
of meals, and child care, with an emphasis on serving children of essential workers, and
continue to first use any vacation or snow days remaining.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this sixteenth day of April
in the year two thousand twenty.
BY THE GOVERNOR
52
No. 202.19
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 be 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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through May 17, 2020 the following:
• Subdivision one of Section 860-b of the Labor Law, to the extent necessary to allow a business
that receives federal Paycheck Protection Program funding and subsequently rehires
employees, to provide the notice required under this section as soon as practicable but not
necessarily within ninety days, provided that a business that receives federal Paycheck
Protection Program funding provided the notice required under this section when it initially laid
off employees.
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 hereby issue the
following directives for the period from the date of this Executive Order through May 17, 2020:
• The Department of Health shall hereby establish a single, statewide coordinated testing
prioritization process that shall require all laboratories in the state, both public and private, that
conduct COVID-19 diagnostic testing, to complete such COVID-19 diagnostic testing only in
accordance with such process. Any such laboratories shall prioritize testing of entities or
individuals as directed by this coordinated statewide process. Any such laboratories may not,
without an exemption from the Department of Health, enter into an agreement that would
reserve testing capabilities for any private or public entity and therefore impede the
Departments’ ability to prioritize and coordinate COVID-19 testing in New York State. Any
violation of this directive may result in a civil penalty not to exceed $10,000 or three times the
value of such testing provided in violation of this section, and provided further that the
Commissioner is hereby empowered and may revoke any operating certificate or license of such
laboratory.
• The directive contained in Executive Order 202.18 requiring any skilled nursing facility, nursing
home, or adult care facility licensed and regulated by the Commissioner of Health to notify a
family member or next of kin if any resident tests positive for COVID-19, or suffers a COVID-19
related death, within 24 hours is hereby modified solely to provide a penalty for non-compliance
of $2,000 per violation per day, as if it were a violation of section 12 of the public health law, and
any subsequent violation shall be punishable as if it is a violation of section 12-b of the public
health law.
53
• No local government or local department of health shall take any actions that could affect public
health without consulting with the state department of health. No local government official shall
take any action that could impede or conflict with any other local government actions, or state
actions, with respect to managing the COVID-19 public health emergency.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this
seventeenth day of April in the year two thousand twenty.
BY THE GOVERNOR
54
No. 202.20
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 be 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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through May 18, 2020 the following:
• Section 13 of the Domestic Relations Law, to the extent necessary to permit those persons to
whom marriage licenses were issued but shall expire within the period of time that New York
State residents are to maintain distance between each other, to waive the 60 days required to
obtain a marriage license during the period of time that there exists a declared emergency in
New York State; and
• Section 15 of the Domestic Relations Law, to the extent necessary to permit those persons who
were unable to marry within the time frame issued on the marriage license, waive the fees
necessary to obtain a second marriage license, if necessary, mirroring the original marriage
license that was obtained during the period of time a declared emergency existed in New York
State.
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 hereby issue the
following directives for the period from the date of this Executive Order through May 18, 2020:
55
marriage license application or marriage license will become the official document for purposes
of Domestic Relations Law. Local town and city clerks may provide guidance related to how
marriage licensure applications and issuance will be implemented in their jurisdictions.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this eighteenth day of April
in the year two thousand twenty.
BY THE GOVERNOR
56
No. 202.21
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 be 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 May 19, 2020:
G I V E N under my hand and the Privy Seal of the State in the City of Albany this nineteenth day of April
in the year two thousand twenty.
BY THE GOVERNOR
57
No. 202.22
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 be 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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through May 20, 2020 the following:
• 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;
58
• 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 twentieth day of April
in the year two thousand twenty.
BY THE GOVERNOR
59
No. 202.23
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 be 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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through May 24, 2020 the following:
• Section 8-400 and any provision of Article 9 of the Election Law in order to provide that every
voter that is in active and inactive status and is eligible to vote in a primary or special election to
be held on June 23, 2020 shall be sent an absentee ballot application form with a postage paid
return option for such application. This shall be in addition to any other means of requesting an
absentee ballot available, and any voter shall continue to be able to request such a ballot via
phone or internet or electronically. Any ballot which was requested or received for any
previously re-scheduled election, or for the primary election to be held on June 23, 2020 shall
continue to be valid and shall be counted by the Board of Elections if it shall be returned to
them.
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 hereby issue the
following directives for the period from the date of this Executive Order through May 24, 2020:
• The Commissioner of Health is authorized to suspend or revoke the operating certificate of any
skilled nursing facility or adult care facility if it is determined that such facility has not adhered
to any regulations or directives issued by the Commissioner of Health, and if determined to not
be in compliance notwithstanding any law to the contrary the Commissioner may appoint a
receiver to continue the operations on 24 hours’ notice to the current operator, in order to
preserve the life, health and safety of the people of the State of New York.
• The state assembly and state senate special elections, which are otherwise scheduled to be held
on June 23, 2020 are hereby cancelled and such offices shall be filled at the general election. The
special election to be held for the office of Queens Borough President is hereby cancelled, and
such office shall be filled at the general election.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this twenty-fourth day of
April in the year two thousand twenty.
BY THE GOVERNOR
60
No. 202.24
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 be 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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through May 25, 2020 the following:
• Section 6801 of the Education Law, to the extent necessary to authorize licensed pharmacists to
order COVID-19 tests, approved by the Food and Drug Administration (FDA), to detect SARS-
CoV-2 or its antibodies, and to administer COVID-19 tests subject to certificate of waiver
requirements pursuant to the federal clinical laboratory improvement act of nineteen hundred
eighty-eight, in patients suspected of a COVID-19 infection, or suspected of having recovered
from COVID-19 infection, subject to completion of appropriate training developed by the
Department of Health;
• Subdivision (6) of section 571 of the Public Health Law, to the extent necessary to permit
licensed pharmacists to be designated as a qualified healthcare professional for the purpose of
directing a limited service laboratory, pursuant to subdivision 579(3) of the Public Health Law,
to test patients suspected of a COVID-19 infection or its antibodies provided that such test is
FDA-approved and waived for use in a limited service laboratory; 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 hereby issue the
following directives for the period from the date of this Executive Order through May 25, 2020:
• The special election to be held for the office of City Council in the 37th district is hereby
cancelled, and such office shall be filled at the general election.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this twenty fifth day of
April in the year two thousand twenty.
BY THE GOVERNOR
61
No. 202.25
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 be 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, I hereby temporarily suspend or modify, for the period from the date of
this Executive Order through May 29, 2020 the following:
• Subdivisions (a) and (e) of section 401.3 and section 710.1 of Title 10 of the NYCRR, and Part 709
and 710 of Title of the NYCRR, and any other applicable regulation, to the extent necessary to
allow for the approval and certification by the Commissioner of Health of temporary dedicated
birthing sites operated by currently-licensed birthing hospitals and currently-licensed birthing
centers;
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 hereby issue the
following directives for the period from the date of this Executive Order through May 29, 2020:
• The directive related to support persons for birthing patients contained in Executive Order
202.13 and 202.12 is hereby modified to require any article twenty-eight facility, shall, as a
condition of licensure, allow any patient giving birth to have present with them: a support person,
who does not have symptoms of COVID-19, for the labor, delivery and also the remaining duration
of the patient’s stay; and/or a doula, who does not have symptoms of COVID-19 for the labor,
delivery, and the remaining duration of the patient’s stay. The presence of a support person
and/or doula will be subject to exceptions for medical necessity determined by the
Commissioner.
• The directive contained in Executive Order 202.10 authorizing the Commissioner of Health to
direct all general hospitals, ambulatory surgery centers, office-based surgery practices and
diagnostic and treatment centers to increase the number of beds available to patients, including
by canceling all elective surgeries and procedures, is hereby modified only to the extent necessary
to authorize general hospitals to perform elective surgeries and procedures so long as the
following criteria are met: within a county, the total available hospital inpatient capacity is over
thirty percent and the total available hospital ICU capacity is over thirty percent and the total
change, from April 17, 2020 to April 27, 2020, in the number of hospitalized patients who are
positive for COVID-19 is fewer than ten; for each hospital within county that has met the eligibility
criteria, the available hospital inpatient capacity is over thirty percent and the available hospital
ICU capacity is over thirty percent and the change, from April 17, 2020 to April 27, 2020, in the
number of hospitalized patients who are positive for COVID-19 is fewer than ten. The
Commissioner of Health is authorized to issue guidance with respect to the implementation of
these criteria. General hospitals that are authorized to perform elective surgeries and procedures
62
must report, at a minimum, the number and types of surgeries and procedures performed to the
Department of Health, in a manner prescribed by the Commissioner. General hospitals that do
not meet the criteria to perform elective surgeries and procedures contained in this directive may
seek a waiver from the prohibition, by submitting a plan that includes, at a minimum, their facility
capacity, physical configuration, infectious disease protocols, and staffing capacity, including any
applicable employment hardship information that includes any reductions in workforce,
including furloughs, that have occurred due to the inability of such facility to perform elective
surgeries or procedures, or any reductions in workforce, including furloughs, that may
imminently occur due to the inability of such facility to perform elective surgeries or procedures,
to the Department of Health, in a manner prescribed by the Commissioner. General hospitals shall
not perform any elective surgery or procedure for patients until each such patient has tested
negative for COVID-19 through an approved diagnostic test, and the hospital and patient have
complied with the pre-operative and pre-procedure guidelines in a manner prescribed by the
Commissioner.
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
April in the year two thousand twenty.
BY THE GOVERNOR
63
No. 202.26
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 be 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, I hereby temporarily suspend or modify, for the period from the date of
this Executive Order through May 31, 2020 the following:
• Sections 103 and 104-b of the General Municipal Law, to the extent necessary to allow a board of
elections to procure and provide absentee ballot applications, absentee ballots, envelopes, or any
other means of transmitting an absentee ballot application or absentee ballot, including postage,
to voters without the usual advertising for bids and offers and compliance with existing
procurement policies and procedures;
• Sections 1804, 1906, 2002, 2022, 2601-a of the Education Law, to the extent necessary, to provide
that the annual district meeting and election of every common, union free, central and central high
school district and the annual meeting of every city school district in a city having a population of
less than one hundred twenty-five thousand inhabitants was scheduled to be held on the third
Tuesday of May, two thousand twenty is hereby adjourned and rescheduled until June 9, 2020,
which shall be deemed the statewide uniform voting day;
• Sections 2003, 2004, 2022 2601-a of the Education Law, to the extent necessary to provide that
trustees or boards of education of each such school district shall provide notice of such adjourned
meeting to the qualified voters in the manner prescribed for notice of the annual meeting except
that the number of required publications shall be two and the first publication must be no later
than 28 days before the election, and such notice shall provide for an adjourned budget hearing.
Such adjourned meeting shall take place remotely, and qualified voters shall vote in such
adjourned election only by absentee ballot, to be provided to all qualified voters by each school
district. Each district shall send out postcard notice which details the date of the election, date of
budget hearing, definition of qualified voter, and an absentee ballot, The adjourned district
meeting or district meeting and election shall be deemed the annual meeting or annual meeting
and election of the district for all purposes;
• Sections 1608 and 1716 of the Education Law to the extent necessary to allow report cards to be
submitted to the State Education Department no later than 18 days prior to the date of the
adjourned meeting, and the department shall make its compilation available electronically at the
latest on June 2, 2020, seven days prior to the adjourned meeting date;
64
• Sections 2018-a and 2018-b of the Education Law are temporarily suspended and hereby
modified to provide that due to the prevalence and community spread of COVID-19, that the
potential for contraction of the COVID-19 virus shall be deemed temporary illness;
• Sections 2018-a and 2018-b of the Education Law are hereby modified, only for the purpose of
any election held on or before June 30, 2020, to require every eligible voter be sent an absentee
ballot with a postage paid return envelope;
• Sections 2018, 2032, and 2608 of the Education Law to the extent necessary to allow candidates
be listed on ballots alphabetically, and that ballots for small city school districts shall be set 30
days before the election;
• Sections 2018 and 2608 of the Education Law to the extent necessary to eliminate any minimum
threshold of signatures required, provided, however, an individual must meet any other
requirements necessary to be placed on the ballot, including any applicable residency and age
requirements;
• Section 260 of the Education Law to the extent necessary to authorize public libraries established
and supported by a school district to re-notice an election noticed pursuant to this section. Such
election and/or budget vote shall be conducted via absentee ballot in conjunction with the school
district’s rescheduled absentee ballot process or independently using the guidelines created for
the school district’s absentee ballot process. Such a vote may be managed by the school district or
the library, at the library’s request. Furthermore, the same provisions that are made for a school
board trustee’s petition shall apply to a library board trustee’s petition;
• Section 259 (1) of the Education Law to the extent necessary to give applicable school ballot
funding propositions for public or association libraries to take place on the absentee ballot used
to administer the school district’s budget vote;
• Sections 259 and 260 of the Education Law are hereby modified for any library election held on
or before July 1, 2020, to eliminate any requirement for an application to access an absentee
ballot, and each such eligible voter shall be mailed an absentee ballot with a postage paid return
envelope;
• Article 6 and 15 of the Election Law in relation to conducting any village election to be held
September 15, 2020 pursuant to this Executive Order, are temporarily suspended and otherwise
modified as follows:
o Any village election previously scheduled to be held in March, April, May, or June will be
held on September 15, 2020.
o For any village election scheduled to be held on September 15, 2020 as directed by this
Executive Order, all party nominations shall be made by party caucus, which may be
conducted remotely as set forth by the chair of such party, and which shall be held not
later than August 20, 2020, and provided that a certificate of nomination from such caucus
and any certificates of declination or acceptance shall be filed not later than August 22,
2020, and provided that once a certificate of declination is submitted, no substitutions
shall be permitted.
65
time as NY on Pause is suspended, subject to a process determined by a future Executive
Order.
o Any village election postponed by Executive Order originally scheduled for a date in
March, April, May or June of 2020 for which the ballot was fully determined at the time of
this Executive Order shall proceed with the same ballot as would have been used at such
prior election, and if such ballots were already printed, such ballots may be used at the
September 15, 2020 election despite containing thereon the original date of the election.
o Any provision of the election law or village law otherwise applicable to the manner of
conducting such an election in March, April, May or June, shall apply to the date of the
September 15, 2020 election.
o Village officials elected at a rescheduled election held on September 15, 2020, shall
assume office as soon as the statement of canvass is filed with the village clerk pursuant
to section 15-126 of the Election Law or certified by the board of election, and the term of
office of such officers shall end as if they had been elected at the time of the originally
scheduled election.
o Any village election previously postponed by Executive Order for which ballot access was
not completed at the time of such suspension shall be conducted solely in accordance with
the ballot access provisions applicable to the September 15, 2020, election.
• Section 8-406 that is modified to the extent that any absentee ballot sent to a voter for a primary
or special election to be held on June 23, 2020 shall be provided with a postage paid return
envelope;
• Section 9-209 of the Election Law in relation to canvassing absentee ballots is modified to permit
any absentee ballot submitted by a voter who requested such ballot for the prior date of an
election canceled and then rescheduled due to the COVID-19 public health emergency, shall be
cast and canvassed unless otherwise invalid, unless such voter shall appear to vote on the date of
the rescheduled election or such voter requests and returns a subsequent absentee ballot;
• Section 8-410 of the Election Law in relation to marking absentee ballots is modified to the extent
that for any election held before July 1, 2020, upon transmitting or mailing absentee ballots to
voters, the board of elections shall provide and maintain, in its office, a voting system that is
accessible for voters wishing to mark their ballot privately and independently, and provided that
availability of this service shall be posted on the website of each board of elections;
• Section 16-108 of the Election Law is modified to permit any Justice of the Supreme Court
appointed to hear election matters on election day may hear and determine such matters
telephonically or by video conference and shall not be required to be physically at a board of
elections;
• Section 8-407 of the Election Law, in relation to providing absentee ballots to voters residing in
certain facilities, is modified to the extent that inspectors of the board shall not attend and/or visit
facilities described in section 8-407 of the Election Law, and shall not physically deliver ballots to
residents of facilities in person for primaries or elections held on or prior to July 1, 2020, and
boards of elections, in the same manner as absentee ballots are delivered to other absentee voters
pursuant to Title 4 of Article 8 of the Election Law, shall instead mail or deliver absentee ballots
to voters residing in such facilities; and
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• Section 5-204 of the Election Law in relation to local in person registration is modified to the
extent that meetings for local in person registration at poll sites shall not be held in 2020.
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 hereby issue the
following directives for the period from the date of this Executive Order through May 31, 2020:
• Any district or special district, including, but not limited to fire, library, sewer, or water, that
conducts an election and/or budget vote shall be rescheduled to September 15, 2020 and
collection of signatures for nominating petitions is hereby suspended until further notice, subject
to a process determined by a future Executive Order; provided however, a library district may
conduct an election on June 9, 2020 pursuant to this Executive Order if such election is managed
by a school district.
• Circulation, filing, and collection of any independent nominating petition pursuant to section 6-
138 of the Election Law for any office that would otherwise be circulated or filed pursuant to the
Election Law or for any special district election, as provided for in Executive Order 202.13,
continue to be postponed until further notice and shall be subject to a future Executive Order.
• Any village election that was postponed in March of 2020, or scheduled to be held on June 16,
2020, or any time prior to September 15, 2020, is hereby rescheduled for September 15, 2020.
• Executive Order 202.23 is modified to clarify that any voter that is in active and/or inactive status
and is eligible to vote in a primary or special election to be held on June 23, 2020 who requests an
absentee ballot via telephone for the June 23 special election or primary election, shall be sent an
absentee ballot with a postage paid return envelope; provided however each voter shall not be
sent more than one ballot, and shall not be required to complete an application either prior to or
simultaneously to receiving the ballot. Further, the board of elections receiving the telephone
request shall maintain a record of such telephone request for an absentee ballot, and may
complete the absentee ballot application as such record on behalf of the voter requesting the
absentee ballot, provided that no ballot shall be deemed invalid for lack of a complete absentee
ballot application for any reason.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this first day of May in the
year two thousand twenty.
BY THE GOVERNOR
67
No. 202.27
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency
for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and are expected to be continue; and
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 Executive Order through June 4, 2020:
• Any suspension or modification of any law heretofore suspended in Executive Order 202, or any
amended or modified Executive Order issued thereafter, which allowed for the practice of a
profession in the state of New York without a current New York State licensure, or registration,
including but not limited to those individuals who are validly licensed in another state or Canada,
is hereby extended for a period of thirty days to allow those professionals the ability to continue
to provide services necessary for the State’s COVID-19 response.
G I V E N under my hand and the Privy Seal of the State in the City of Albany the fifth day of May in the
year two thousand twenty.
BY THE GOVERNOR
68
No. 202.28
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 be 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, for thirty days
until June 6, 2020, except as modified below:
• The suspension or modification of the following statutes and regulations are not continued, and
such statutes, codes and regulations are in full force and effect as of May 8, 2020:
o 10 NYCRR 405.9, except to the limited extent that it would allow a practitioner to practice
in a facility where they are not credentialed or have privileges, which shall continue to be
suspended; 10 NYCRR 400.9; 10 NYCRR 400.11, 10 NYCRR 405; 10 NYCRR 403.3; 10
NYCRR 403.5; 10 NYCRR 800.3, except to the extent that subparagraphs (d) and (u) could
otherwise limit the scope of care by paramedics to prohibit the provision of medical
service or extended service to COVID-19 or suspected COVID-19 patients; 10 NYCRR
400.12; 10 NYCRR 415.11; 10 NYCRR 415.15; 10 NYCRR 415.26; 14 NYCRR 620; 14
NYCRR 633.12; 14 NYCRR 636-1; 14 NYCRR 686.3; and 14 NYCRR 517;
o Public Health Law Sections 3002, 3002-a, 3003, and 3004-a to the extent it would have
allowed the Commissioner to make determination without approval by a regional or state
EMS board;
o Subdivision (2) of section 6527, Section 6545, and Subdivision (1) of Section 6909 of the
Education Law; as well as subdivision 32 of Section 6530 of the Education Law, paragraph
(3) of Subdivision (a) of Section 29.2 of Title 8 of the NYCRR, and sections 58-1.11, 405.10,
and 415.22 of Title 10 of the NYCRR;
o All codes related to construction, energy conservation, or other building code, and all
state and local laws, ordinances, and regulations which would have otherwise been
superseded, upon approval by the Commissioner of OPWDD, as applicable only for
temporary changes to physical plant, bed capacities, and services provided; for facilities
under the Commissioners jurisdiction.
IN ADDITION, I hereby temporarily suspend or modify the following 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, for the period from the
date of this Executive Order through June 6, 2020:
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• Sections 7-103, 7-107 and 7-108 of the General Obligations Law to the extent necessary to provide
that:
o Landlords and tenants or licensees of residential properties may, upon the consent of the
tenant or licensee, enter into a written agreement by which the security deposit and any
interest accrued thereof, shall be used to pay rent that is in arrears or will become due. If
the amount of the deposit represents less than a full month rent payment, this consent
does not constitute a waiver of the remaining rent due and owing for that
month. Execution in counterpart by email will constitute sufficient execution for consent;
o Landlords shall provide such relief to tenants or licensees who so request it that are
eligible for unemployment insurance or benefits under state or federal law or are
otherwise facing financial hardship due to the COVID-19 pandemic;
o It shall be at the tenant or licensee’s option to enter into such an agreement and landlords
shall not harass, threaten or engage in any harmful act to compel such agreement;
o Any security deposit used as a payment of rent shall be replenished by the tenant or
licensee, to be paid at the rate of 1/12 the amount used as rent per month. The payments
to replenish the security deposit shall become due and owing no less than 90 days from
the date of the usage of the security deposit as rent. The tenant or licensee may, at their
sole option, retain insurance that provides relief for the landlord in lieu of the monthly
security deposit replenishment, which the landlord, must accept such insurance as
replenishment.
• Subdivision 2 of section 238-a of the Real Property Law to provide that no landlord, lessor, sub-
lessor or grantor shall demand or be entitled to any payment, fee or charge for late payment of
rent occurring during the time period from March 20, 2020, through August 20, 2020; and
• Section 8-400 of the Election Law is modified to the extent necessary to require that to the any
absentee application mailed by a board of elections due to a temporary illness based on the
COVID-19 public health emergency may be drafted and printed in such a way to limit the selection
of elections to which the absentee ballot application is only applicable to any primary or special
election occurring on June 23, 2020, provided further that for all absentee ballot applications
already mailed or completed that purported to select a ballot for the general election or to request
a permanent absentee ballot shall in all cases only be valid to provide an absentee ballot for any
primary or special election occurring on June 23, 2020. All Boards of Elections must provide
instructions to voters and post prominently on the website, instructions for completing the
application in conformity with this directive.
• The suspension of the provisions of any time limitations contained in the Criminal Procedure Law
contained in Executive Order 202.8 is modified as follows:
o Section 182.30 of the Criminal Procedure Law, to the extent that it would prohibit the use
of electronic appearances for certain pleas;
o Section 180.60 of the Criminal Procedure Law to provide that (i) all parties’ appearances
at the hearing, including that of the defendant, may be by means of an electronic
appearance; (ii) the Court may, for good cause shown, withhold the identity, obscure or
withhold the image of, and/or disguise the voice of any witness testifying at the hearing
pursuant to a motion under Section 245.70 of the Criminal Procedure law—provided that
the Court is afforded a means to judge the demeanor of a witness;
70
o Section 180.80 of the Criminal Procedure Law, to the extent that a court must satisfy itself
that good cause has been shown within one hundred and forty-four hours from May 8,
2020 that a defendant should continue to be held on a felony complaint due to the inability
to empanel a grand jury due to COVID-19, which may constitute such good cause pursuant
to subdivision three of such section; and
o Section 190.80 of the Criminal Procedure Law, to the extent that to the extent that a court
must satisfy itself that good cause has been shown that a defendant should continue to be
held on a felony complaint beyond forty-five days due to the inability to empanel a grand
jury due to COVID-19, which may constitute such good cause pursuant to subdivision b of
such section provided that such defendant has been provided a preliminary hearing as
provided in section 180.80.
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 hereby issue the
following directives for the period from the date of Executive Order through June 6, 2020:
• Executive Order 202.18, which extended the directive contained in Executive Orders 202.14 and
202.4 as amended by Executive Order 202.11 related to the closure of schools statewide, is hereby
continued to provide that all schools shall remain closed through the remainder of the school year.
School districts must continue plans for alternative instructional options, distribution and
availability of meals, and child care, with an emphasis on serving children of essential workers.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this seventh of May in the
year two thousand twenty.
BY THE GOVERNOR
71
No. 202.29
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 202.15, 202.16, 202.17, 202.18, 202.19, 202.20, and 202.21, for thirty days until June 7, 2020; and
IN ADDITION, I hereby temporarily modify, beginning on the date of this Executive Order, the following:
• Section 214-g of the Civil Practice Law and Rules, to the extent it allows an action to be
commenced not later than one year and six months after the effective date of such section, is
hereby modified to allow an action commenced pursuant to such section to be commenced not
later than one year and eleven months after the effective date of such section.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this eighth day of May in the
year two thousand twenty.
BY THE GOVERNOR
72
No. 202.30
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 be 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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through June 9, 2020 the following:
• Clause (b) of subparagraph (v) of paragraph (1) of subdivision (c) of section 415.26 , paragraph
(8) of subdivision (a) of section 487.9 and 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 are
modified to the extent necessary to require that the operator and administrator of all nursing
homes and all adult care facilities, including all adult homes, enriched housing programs and
assisted living residences to test or make arrangements for the testing of all personnel,
including all employees, contract staff, medical staff, operators and administrators, for COVID-
19, twice per week, pursuant to a plan developed by the facility administrator and filed with the
Department of Health no later than 5:00 p.m. on Wednesday, May 13, 2020. Any positive test
result shall be reported to the Department of Health by 5:00 p.m. of the day following receipt of
such test result, in a manner determined by the Commissioner of Health. Nothing herein shall
prohibit staff of the Department of Health, or the local health department in the jurisdiction of
the nursing home or adult care facility, from having unrestricted access to the facility where
such access is determined necessary in the discretion of the Commissioner of Health for
purposes of testing all personnel for COVID-19, and provided further that in such circumstances
the operator and administrator shall cooperate fully with Department of Health and local health
department staff to facilitate such testing.
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 hereby issue the
following directives for the period from the date of this Executive Order through June 9, 2020:
• No later than May 15, 2020, both the operator and the administrator of all nursing homes and
adult care facilities must provide to the Department of Health a certification of compliance with
this Executive Order and directives of the Commissioner of Health, and all other applicable
Executive Orders and directives of the Commissioner of Health.
• The Commissioner of Health is authorized to suspend or revoke the operating certificate of any
nursing home or adult care facility if it is determined that such facility has not complied with
this Executive Order, or any regulations or directives issued by the Commissioner of Health, and
if determined to not be in compliance, notwithstanding any law to the contrary the
Commissioner may appoint a receiver to continue the operations on 24 hours’ notice to the
current operator, in order to preserve the life, health and safety of the people of the State of New
73
York. Any false statement in the attestation shall be punishable under the provisions of Penal
Code 210.45.
• Any nursing home or adult care facility which does not comply with this Executive Order shall
be subject to a penalty for non-compliance of $2,000 per violation per day, as if it were a
violation of section 12 of the public health law, and any subsequent violation shall be punishable
as if it is a violation of section 12-b of the public health law, with a penalty of $10,000 per
violation per day.
o Any personnel of a nursing home or adult care facility who refuse to be tested for
COVID-19 pursuant to a plan submitted to the Department of Health shall be considered
to have outdated or incomplete health assessments and shall therefore be prohibited
from providing services to such nursing home or adult care facility until such testing is
performed.
• Any article 28 general hospital shall not discharge a patient to a nursing home, unless the
nursing home operator or administrator has first certified that it is able to properly care for
such patient. Provided further, that any article 28 general hospital shall not discharge a patient
to a nursing home, without first performing a diagnostic test for COVID-19 and obtaining a
negative result.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this tenth day of May in the
year two thousand twenty.
BY THE GOVERNOR
74
No. 202.31
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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through June 13, 2020 the following:
• Subdivisions (1), (2), and (3) of Section 594 of the Labor Law are suspended to the extent
necessary to prevent forfeiture of effective benefit days to provide claimants with temporary
relief from serving forfeit day penalties during the COVID-19 disaster emergency; and
• Section 240.35 of the penal law, to the extent it is inconsistent with any directive requiring an
individual wear a face covering in public or otherwise.
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 hereby issue the
following directives for the period from the date of this Executive Order through the date so designated
below:
• Executive Order 202.28, 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, and 202.14 which each closed or otherwise
restricted public or private businesses or places of public accommodation, and which required
postponement or cancellation of all non-essential gatherings of individuals of any size for any
reason (e.g. parties, celebrations, games, meetings or other social events), which together
constitute New York On PAUSE, is hereby continued until 11:59 p.m. on May 28, 2020, unless
later amended or extended by a future Executive Order;
o Provided, however, that effective at 12:01 a.m. on May 15, 2020 that the reductions and
restrictions on the in-person workforce at non-essential businesses or other entities
shall no longer apply to Phase One industries
▪ Only those businesses or entities in a region that meets the prescribed public
health and safety metrics, as determined by the Department of Health, will be
eligible for reopening;
75
• As of May 14, 2020 the regions are: Finger Lakes, Central New York, Mohawk Valley, Southern
Tier and the North Country regions comprising 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, and St. Lawrence. 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.
• All enforcement mechanisms by state or local governments shall continue to be in full force an
effect until June 13, 2020 unless later extended or amended by a future Executive Order.
• The directive contained in Executive Order 202.15 authorizing the Department of Taxation and
Finance to accept digital signatures in lieu of handwritten signatures on documents related to
the determination or collection of tax liability, is hereby modified to authorize such acceptance
for the duration of the disaster emergency.
• The directive contained in Executive Order 202.3 which closed movie theaters until further
notice and was later extended by Executive Order 202.14 and EO 202.28, is hereby modified to
provide that a drive-in movie theater, shall not be required to close, but shall be treated as any
other business per Executive Order 202.6, which designated certain businesses as essential or
non-essential and subjected such businesses to in-person presence restrictions in the
workplace.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this fourteenth day of May
in the year two thousand twenty.
BY THE GOVERNOR
76
No. 202.32
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;
77
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:
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• 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
79
No. 202.33
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
80
No. 202.34
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:
o 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.
o 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,
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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
82
No. 202.35
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:
o 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:
▪ Real estate services, Building and Property Management, Leasing, Rental, and
Sales Services,
o Businesses or entities in industries open in Phase Two must be operated subject to the
guidance promulgated by the Department of Health.
o 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.
83
BY THE GOVERNOR
84
No. 202.36
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:
85
• 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
86
No. 202.37
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
87
No. 202.38
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
88
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
89
No. 202.39
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:
90
• 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
91
No. 202.40
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
92
No. 202.41
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:
o Personal Care.
o Businesses or entities in industries open in Phase Three must be operated subject to the
guidance promulgated by the Department of Health.
o 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
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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
94
No. 202.42
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
95
No. 202.43
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, I hereby temporarily suspend or modify, for the period from
the date of this Executive Order through July 18, 2020 the following:
• Section 5-18.0(2) of the Nassau County Administrative Code, to the extent necessary to allow the
Nassau County Executive to extend until July 1, 2020, the deadline to pay without interest or
penalty the final one-half of school taxes upon real estate in such county and to require
payments made after such date to be subject to interest and penalties beginning on July 1, 2020.
• Subdivision 23 of section 621 of the Executive Law to the extent necessary to provide that an
award for relocation expenses also shall include reasonable, temporary lodging expenses, such
as motel or hotel, for victims of a crime or crimes related to domestic violence, subject to the
fiscal limitation in subdivision 2 of section 631 of the Executive Law;
• Subdivision 1 of section 631 of the Executive Law to the extent necessary to provide that any
certified residential program for victims of domestic violence as defined in section 459-a of the
Social Services Law that had provided services to a victim of a crime or crimes related to
domestic violence shall be considered a “criminal justice agency” for the purposes of the
subdivision;
• Section 627 of the Executive Law and any other associated regulations to the extent necessary to
provide that for the purposes of implementing this Executive Order, the Office of Victim Services
shall determine claims submitted by a victim of a crime or crimes related to domestic violence,
subject to the following conditions:
o If there is a physical injury, the claimant submits medical records of the injury and a
statement from any certified residential program for victims of domestic violence as
defined in section 459-a of the Social Services Law that such injuries were the result of a
crime.
o In the event that there is no physical injury, the certified residential program for victims
of domestic violence as defined in section 459-a of the Social Services Law after
consultation with police or district attorney’s office, determines such actions include
one or more of the enumerated charges under subdivisions 11 or 12 of section 631 of
the Executive Law and specifies such crime or crimes in the application or information
submitted to the office.
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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 hereby issue the
following directives for the period from the date of this Executive Order through July 18, 2020:
• In service of the policy goal of preventing the unnecessary congregation of people to slow the
spread of the novel coronavirus, for businesses engaging in the sale/service of alcoholic
beverages (i.e, restaurants, bars, convenience stores, liquor stores, and other entities licensed to
sell alcoholic beverages at retail), whether such sale/service is for (i) off-premises consumption
pursuant to regular licensed privileges; (ii) off-premises consumption through take-out or
delivery service authorized under Executive Order 202.3, as extended, or (iii) on-premises
consumption, including under the expansion procedures for outdoor service under Executive
Order 202.38, in addition to such businesses’ supervisory obligations under existing laws,
ordinances, rules, and regulations, all such businesses shall be further required to inspect,
monitor, and otherwise supervise the area within 100 feet of the licensed premises to ensure
that any consumption of food or beverage comports with the applicable open container
ordinances, and the social distancing and face covering requirements set forth for such business
or service in any applicable Executive Order, regulation, ordinance, law, Department of Health
guidance, and/or State Liquor Authority guidance; if unable to comply, the serving business
must discontinue such sale/service of alcoholic beverages unless and until such Executive
Orders, regulations, law, ordinances, Department of Health guidance, and State Liquor Authority
guidance can be fully observed.
• The directive contained in Executive Order 202.8 that required only on-line transactions for the
Department of Motor Vehicles is hereby modified to allow for in-person transactions at county-
operated Department of Motor Vehicles offices if such transactions are conducted by
appointment only, and only in regions that have met the prescribed public health and safety
metrics required for Phase Three reopening.
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
Alfred, Allegany County; Village of Cambridge, Washington County; Village of Greenwood Lake, Orange
County; Village of Honeoye Falls, Monroe County; Village of Lake George, Warren County; Village of
Manorhaven, Nassau County; Village of New Square, Rockland County; Village of Old, Field Suffolk
County; Village of Palmyra, Wayne County; Village of Piermont, Rockland County; Village of
Schaghticoke, Rensselaer County; Village of South Nyack, Rockland County; and the Village of Tupper
Lake, Franklin County.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this eighteenth day of June
in the year two thousand twenty.
BY THE GOVERNOR
97
No. 202.44
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 suspend or temporarily
modify the following provisions of law of law until July 21, 2020:
• Real Property Tax Law Article 5, to allow tentative and final real property tax assessment rolls
to be filed up to 30 days late; allows hearing assessment complaints for tax assessing units to be
at a date 21 days after the filing of the tentative roll; allows notice of the tentative roll filing to be
published online and to suspend in-person inspection of tentative rolls; and to allow Boards of
Assessment Review to hear complaints remotely.
• Real Property Tax Law § 1212, to allow the commissioner of Dept. of Tax and Finance to certify
final state equalization rates, class ratios, and class equalization rates no later than 10 days
before the last date sent by law.
• Education Law § 680, to allow licensed pharmacists to order and administer COVID tests or tests
for its antibodies.
• 10 NYCRR 401.3(a), (e), 709, 710, 710.1 or any other applicable regulation, to allow for DOH to
approve and certify dedicated birthing sites operated by licensed birthing hospitals and centers.
• Article 6 and 15 of the Election Law in relation to conducting any village election to be held
September 15, 2020 pursuant to this Executive Order, and article 6 of the Town Law are
temporarily suspended and otherwise modified as follows:
o Any village or town election previously scheduled to be held in March, April, May, or
June will be held on September 15, 2020. For any village or town election scheduled to
be held on September 15, 2020 as directed by this Executive Order, all party
nominations shall be made by party caucus, which may be conducted remotely as set
forth by the chair of such party, and which shall be held not later than August 20, 2020,
and provided that a certificate of nomination from such caucus and any certificates of
declination or acceptance shall be filed not later than August 22, 2020, and provided
that once a certificate of declination is submitted, no substitutions shall be permitted.
o All independent nominations for a village or town election previously scheduled prior to
September 2020, now to be held on September 15, 2020, shall be postponed until such
time as NY on Pause is suspended, subject to a process determined by a future Executive
Order.
98
o Any village or town election postponed by Executive Order originally scheduled for a
date in March, April, May or June of 2020 for which the ballot was fully determined at
the time of this Executive Order shall proceed with the same ballot as would have been
used at such prior election, and if such ballots were already printed, such ballots may be
used at the September 15, 2020 election despite containing thereon the original date of
the election.
o Any provision of the election law or village law otherwise applicable to the manner of
conducting such an election in March, April, May or June, shall apply to the date of the
September 15, 2020 election.
o Village or town officials elected at a rescheduled election held on September 15, 2020,
shall assume office as soon as the statement of canvass is filed with the village clerk
pursuant to section 15-126 of the Election Law or certified by the board of election, and
the term of office of such officers shall end as if they had been elected at the time of the
originally scheduled election.
o Any town or village election previously postponed by Executive Order for which ballot
access was not completed at the time of such suspension shall be conducted solely in
accordance with the ballot access provisions applicable to the September 15, 2020,
election.
• Election Law § 9-209, to permit absentee ballots submitted by a voter who requested them for a
canceled and rescheduled election to be cast and canvassed unless the voter appears to vote at
the rescheduled election or requests another ballot.
• Election Law §8-410, to require boards of election of any election held before July 1, 2020 to
maintain a voting system that is accessible for voters who want to mark their ballots privately
and independently; this must be on their website so people know of the service,
• Election Law § 16-108, to permit any Justice of the Supreme Court to hear election matters on
election day and determine them by telephone or video conference.
• Election Law § 8-407, to allow that inspectors of boards of elections shall not attend or visit
facilities to provide absentee ballots physically, and will send them by mail or by personal
delivery.
• Election Law § 5-204, to eliminate the need for local or in person registration at poll sites in
2020.
• Public Health Law § 576-b(1) and 10 NYCRR 58-1.7, 58-1.9 to allow clinical labs to accept and
examine specimens for COVID-19 testing from nursing home and adult care facilities personnel
without a prescription or order and to report tests to the appropriate staff at the facilities; and
to require the facilities to report positives to the local department of health for treatment and
isolation orders
• Education Law § 6530, to the extent necessary to allow physicians to order COVID-19 tests for
self-collection without having a physician-patient relationship.
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 21, 2020:
99
• The Commissioner of Health is authorized to suspend or revoke the operating certificate of any
skilled nursing facility or adult care facility if it is determined that such facility has not adhered
to any regulations or directives issued by the Commissioner of Health, and if determined to not
be in compliance notwithstanding any law to the contrary the Commissioner may appoint a
receiver to continue the operations on 24 hours’ notice to the current operator, in order to
preserve the life, health and safety of the people of the State of New York.
• The state assembly and state senate special elections, which are otherwise scheduled to be held
on June 23, 2020 are hereby cancelled and such offices shall be filled at the general election. The
special election to be held for the office of Queens Borough President is hereby cancelled, and
such office shall be filled at the general election.
• The special election to be held for the office of City Council in the 37th district is hereby
cancelled, and such office shall be filled at the general election.
• The directive related to support persons for birthing patients contained in Executive Order
202.13 and 202.12 is hereby modified to require any article twenty-eight facility, shall, as a
condition of licensure, allow any patient giving birth to have present with them: a support
person, who does not have symptoms of COVID-19, for the labor, delivery and also the
remaining duration of the patient’s stay; and/or a doula, who does not have symptoms of
COVID-19 for the labor, delivery, and the remaining duration of the patient’s stay. The presence
of a support person and/or doula will be subject to exceptions for medical necessity determined
by the Commissioner.
• The directive contained in Executive Order 202.10 authorizing the Commissioner of Health to
direct all general hospitals, ambulatory surgery centers, office-based surgery practices and
diagnostic and treatment centers to increase the number of beds available to patients, including
by canceling all elective surgeries and procedures, is hereby modified only to the extent
necessary to authorize general hospitals to perform elective surgeries and procedures so long as
the following criteria are met: within a county, the total available hospital inpatient capacity is
over thirty percent and the total available hospital ICU capacity is over thirty percent and the
total change, from April 17, 2020 to April 27, 2020, in the number of hospitalized patients who
are positive for COVID-19 is fewer than ten; for each hospital within county that has met the
eligibility criteria, the available hospital inpatient capacity is over thirty percent and the
available hospital ICU capacity is over thirty percent and the change, from April 17, 2020 to
April 27, 2020, in the number of hospitalized patients who are positive for COVID-19 is fewer
than ten. The Commissioner of Health is authorized to issue guidance with respect to the
implementation of these criteria. General hospitals that are authorized to perform elective
surgeries and procedures must report, at a minimum, the number and types of surgeries and
procedures performed to the Department of Health, in a manner prescribed by the
Commissioner. General hospitals that do not meet the criteria to perform elective surgeries and
procedures contained in this directive may seek a waiver from the prohibition, by submitting a
plan that includes, at a minimum, their facility capacity, physical configuration, infectious
disease protocols, and staffing capacity, including any applicable employment hardship
information that includes any reductions in workforce, including furloughs, that have occurred
due to the inability of such facility to perform elective surgeries or procedures, or any
reductions in workforce, including furloughs, that may imminently occur due to the inability of
such facility to perform elective surgeries or procedures, to the Department of Health, in a
manner prescribed by the Commissioner. General hospitals shall not perform any elective
surgery or procedure for patients until each such patient has tested negative for COVID-19
through an approved diagnostic test, and the hospital and patient have complied with the pre-
operative and pre-procedure guidelines in a manner prescribed by the Commissioner
100
• Any district or special district, including, but not limited to fire, library, sewer, or water, that
conducts an election and/or budget vote shall be rescheduled to September 15, 2020 and
collection of signatures for nominating petitions is hereby suspended until further notice,
subject to a process determined by a future Executive Order; provided however, a library
district may conduct an election on June 9, 2020 pursuant to this Executive Order if such
election is managed by a school district.
• Circulation, filing, and collection of any independent nominating petition pursuant to section 6-
138 of the Election Law for any office that would otherwise be circulated or filed pursuant to the
Election Law or for any special district election, as provided for in Executive Order 202.13,
continue to be postponed until further notice and shall be subject to a future Executive Order.
• Any village or town election that was postponed in March of 2020, or scheduled to be held on
June 16, 2020, or any time prior to September 15, 2020, is hereby rescheduled for September
15, 2020
• Executive Order 202.23 is modified to clarify that any voter that is in active and/or inactive
status and is eligible to vote in a primary or special election to be held on June 23, 2020 who
requests an absentee ballot via telephone for the June 23 special election or primary election,
shall be sent an absentee ballot with a postage paid return envelope; provided however each
voter shall not be sent more than one ballot, and shall not be required to complete an
application either prior to or simultaneously to receiving the ballot. Further, the board of
elections receiving the telephone request shall maintain a record of such telephone request for
an absentee ballot, and may complete the absentee ballot application as such record on behalf of
the voter requesting the absentee ballot, provided that no ballot shall be deemed invalid for lack
of a complete absentee ballot application for any reason
• Any suspension or modification of any law heretofore suspended in Executive Order 202, or any
amended or modified Executive Order issued thereafter, which allowed for the practice of a
profession in the state of New York without a current New York State licensure, or registration,
including but not limited to those individuals who are validly licensed in another state or
Canada, is hereby extended for a period of thirty days to allow those professionals the ability to
continue to provide services necessary for the State’s COVID-19 response.
• 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.
• 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.
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
June in the year two thousand twenty.
BY THE GOVERNOR
101
No. 202.45
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, I hereby extend any directive contained in Executive Order
202.34 and 202.35, provided such directive has not been superseded by a subsequent directive, and
further, I hereby temporarily suspend or modify, for the period from the date of this Executive Order
through July 26, 2020 the following:
• Paragraph (e) of subdivision 1 of Section 581 of the Labor Law, to the extent necessary to
authorize the Commissioner of Labor to issue a finding related to experience rating charges as
permitted by the Families First Coronavirus Response Act and incurred beginning with the
benefit week starting March 9, 2020;
• Subdivision 4 of section 1 of chapter 25 of the laws of 2020 is modified to the extent necessary
to provide that in addition to any travel to a country for which the Centers for Disease Control
and Prevention has a level two or three travel health notice, an employee shall not be eligible for
paid sick leave benefits or any other paid benefits pursuant to this chapter if such employee
voluntarily travels which commences after June 25, 2020 to a state with a positive test rate
higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day
rolling average, and which the commissioner of the department of health has designated as
meeting these conditions as outlined in the advisory issued pursuant to Executive Order 205,
and the travel was not taken as part of the employee’s employment or at the direction of the
employee’s employer;
• Section 28-66 of the Charter of the City of Buffalo, to the extent necessary to allow the Mayor to
waive the additions prescribed therein on unpaid 2019-2020 city taxes for the months of April,
May and June of 2020, and to require payments of 2019-2020 city taxes that are made after June
30, 2020 to be made without additions for the months of April, May and June of 2020;
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
Ossining, Westchester County; Village of Pomona, Rockland 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 hereby issue the
following directives for the period from the date of this Executive Order through July 26, 2020:
102
• The directive contained in Executive Order 202.35, as extended and as amended by Executive
Order 202.38 and Executive Order 202.42, which amended the directive in Executive Order
202.10 that limited all non-essential gatherings, is hereby further modified to allow gatherings
of fifty (50) or fewer individuals for any lawful purpose or reason, so long as any such
gatherings occurring indoors do not exceed 50% of the maximum occupancy for a particular
indoor area, and provided that the location of the gathering is in a region that has reached Phase
4 of the State’s reopening, and provided further that social distancing, face covering, and
cleaning and disinfection protocols required by the Department of Health are adhered to.
• Executive Order 202.41, 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, 202.31, 202.34, and 202.35 which
each closed or otherwise restricted public or private businesses or places of public
accommodation, is hereby continued until and unless later amended or extended by a future
Executive Order, provided, however:
o That effective on June 26, 2020, the reductions and restrictions on the in-person
workforce at non-essential businesses or other entities shall no longer apply to Phase
Four industries, as determined by the Department of Health, in eligible regions,
including:
▪ Higher Education;
▪ Film and Music Production;
▪ Low-risk indoor arts and entertainment;
▪ Low-risk outdoor arts and entertainment; and
▪ Professional Sports without fans.
o As of June 26, 2020, the regions meeting the prescribed public health and safety metrics
required for Phase Four 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 Four industries, subject to the
same terms and conditions.
o Any previous directive that restricted operation of any industry, business, or facility that
is permitted to open in Phase One, Phase Two, Phase Three, or Phase Four is hereby
superseded, only insofar as it is inconsistent with any Executive Order allowing
businesses, industries, and facilities to reopen.
• The directive contained in Executive Order 202.44 regarding elective surgeries is hereby
amended to provide that the directive contained in Executive Order 202.10 authorizing the
Commissioner of Health to direct all general hospitals, ambulatory surgery centers, office-based
surgery practices and diagnostic and treatment centers to increase the number of beds available
to patients, including by canceling all elective surgeries and procedures, is hereby modified to
authorize general hospitals to perform elective surgeries and procedures so long as the
established criteria are met currently, whether or not such criteria were met on the dates set
forth in such directive, and as modified by the June 14th Department of Health guidance.
103
• Executive Order 202.34, which extended the directive contained in Executive Orders 202.28,
202.18, 202.14 and 202.4 as amended by Executive Order 202.11 related to the closure of
schools statewide, is hereby continued to provide that all schools shall remain closed to in-
person instruction except for the purpose of provision of special education services. School
districts must ensure the availability of meals, and child care, with an emphasis on serving
children of essential workers. Meals may be provided by an alternative entity, provided that the
school district shall be responsible for ensuring that all children have access to free
meals. Should the students not have access through an alternative entity, the school district
must provide the meals.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this twenty-sixth day of
June in the year two thousand twenty.
BY THE GOVERNOR
104
No. 202.46
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 further, I hereby temporarily suspend or modify, for the
period from the date of this Executive Order through July 30, 2020 the following:
• Sections 6-138, 6-142, 6-158, 6-210, 6-206, and 15-108 of the Election Law in relation to
independent nominations are modified as follows: Independent nominating petitions for an
office to be filled at the time of the general election or any village election shall be filed between
July 27 and July 30, 2020.
• A signature made earlier than July 1, 2020, or later than July 30, 2020, shall not be counted upon
a petition for an independent nomination for an office appearing on the general election ballot
or at a village election.
• For any election in 2020, the signature requirements on an independent nominating petition for
an independent nomination for the general election for any office that is not determined by a
statewide election shall be whichever is less: (i) three and three tenths percentum of the total
number of votes cast for governor at the last gubernatorial election in such unit, excluding blank
and void votes, or (ii) a number equal to seventy percentum of the statutory minimum number
provided for by subdivision 2 of section 6-142 of the election law, or for a village election,
seventy percentum of the statutory minimum provided for in subdivision 6 of section 15-108 or
subdivision 4 of section 6-206 of the election law. For an office determined by a statewide
election, the signature requirements on an independent nominating petition shall be at least
30,000 valid signatures with at least 330 valid signatures being from each of one-half of the
congressional districts for the State.
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 hereby issue the
following directives:
105
• The directive contained in Executive Order 202.13, as extended by Executive Order 202.26 and
202.44, is hereby rescinded insofar as independent nominating petitions may be circulated, and
signatures collected beginning July 1, 2020, consistent with this Executive Order, and filed
consistent therein.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this thirtieth day of June in
the year two thousand twenty.
BY THE GOVERNOR
106
No. 202.47
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster
emergency for the entire State of New York;
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been
documented in New York State and are expected to continue;
WHEREAS, despite community transmission, the State of New York has gone from having the highest
infection rate to one of the lowest in the country and is one of only a few states reported to be on track
to contain COVID-19;
WHEREAS, the Governor has undertaken a cautious, incremental, and evidence-based approach to
reopening the State of New York;
WHEREAS, it is incumbent upon individuals and localities to respect and enforce the health protocols
that that have allowed New York to move Forward in a phased reopening;
WHEREAS, local governments need additional tools at their disposal to ensure they can deter damaging
and detrimental behavior, such as not wearing a face covering, not maintaining social distance, or
gathering in large groups, all behaviors that increase transmission of the deadly COVID-19 virus;
WHEREAS, in the preceding weeks, investigators from various agencies have been observing and
reporting to the State Liquor Authority on violations of the Executive Orders, relevant guidance, and the
Alcoholic Beverage Control Law at State Liquor Authority licensed establishments;
WHEREAS, such investigators should have at their disposal all available tools for investigation and
enforcement at such licensed establishments;
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, I do hereby continue the suspensions and modifications of law,
and any directives, not superseded by a subsequent directive, made by Executive Order 202.37; and I
hereby temporarily suspend or modify the following from the date of this Executive Order through
August 2, 2020:
• Section 2.20 of the Criminal Procedure Law, to the extent that it restricts, limits, or otherwise
impedes the ability of a peace officer, as defined in Section 2.10 of the Criminal Procedure Law,
to enforce provisions of the Alcoholic Beverage Control Law and the Public Health Law, or
judgments or orders obtained for violation thereof, or to enforce the provisions of Executive
Order 202 and any amendment or addition to such order.
• Sections 105 and 106 of the Alcoholic Beverage Control law to the extent they restrict, limit or
otherwise impede the ability of a peace officer, as defined in Section 2.10 of the Criminal
Procedure Law, to enforce provisions of the Alcoholic Beverage Control Law, or judgments or
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orders obtained for violation thereof, or to enforce the provisions of Executive Order 202 and
any amendment or addition to such order;
• 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 was not approved by the voters at an election held on June 9, 2020,
pursuant to Executive Order 202.26, any revote on resubmission to the voters of the original or
revised budget shall occur on July 28, 2020 and shall be conducted in accordance with
guidelines issued by the Department of Health pursuant to the authority granted by this
executive order, and provided further that a school district proposing such revote shall operate
upon a contingency budget pursuant to subdivision 5 of section 2022 of the education law
section from July 1 to July 28;
• Paragraph a of subdivision 3 of section 2007 of the education law to the extent necessary to
provide that, in lieu of the requirement that a school district publish two notices of a budget
revote, each district shall send postcard notice to all residents of the district which details the
date and location of the budget revote, date of the budget hearing, the definition of qualified
voter, and instructions for applying for an absentee ballot. Such postcard notice shall be mailed
no later than 21 days preceding such vote. If a school district possesses a resident’s valid email
address, the postcard notice may be sent via email to that resident instead of by mail;
• Subdivision 2-a of section 2022 of the education law to the extent necessary to authorize a
school district possessing a qualified voter’s valid email address to send a school budget notice
via email to that voter instead of by mail;
• Sections 1608 and 1716 of the Education Law to the extent necessary to allow property tax
report cards to be submitted to the State Education Department no later than 14 days prior to
the date of the school budget revote, and the department shall make its compilation available
electronically at the latest on July 21, 2020, seven days prior to the revote date;
• Sections 2018-a and 2018-b of the Education Law to the extent necessary to provide that, due to
the prevalence and community spread of COVID-19, the potential for contraction of the COVID-
19 virus shall be deemed a temporary illness for the purpose of eligibility to vote as an absentee
voter in a school budget revote held July 28, 2020;
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 hereby issue the
following directives for the period from the date of Executive Order through August 2, 2020:
• The use of fireworks or dangerous fireworks, during the state disaster emergency declared by
Executive Order 202, shall also be punishable as a violation of section 12(b) 2 of the public
health law, and the Commissioner of Health is directed and authorized to issue emergency
regulations, if such use meets the facts and circumstances established in subdivision 2 of section
270 of the penal law. In addition, use of fireworks by a licensee of any state entity inconsistent
with any applicable guidance issued by the Department of Health shall be a basis for suspension
or revocation of such license.
• Notwithstanding any provision of law or a party's rules to the contrary, any party caucus, party
meeting or party convention held pursuant to the Election Law in the year two thousand twenty
may be held by telephonic or video conferencing means in whole or in part at the discretion of
the chairperson calling such meeting; provided, however, that any required notice shall include
instructions to participants as to how to access such video teleconference.
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• Notwithstanding any provisions of law or a party's rules to the contrary, proxy voting at any
party caucus, party meeting or party convention held pursuant to the Election Law held in the
year two thousand twenty shall be permitted. Any person eligible to attend and vote at such a
meeting may hold up to ten proxies. A proxy statement may be in the form prescribed by the
party's rule or as accepted in the past by the party entity or may be substantially as follows: "I, a
member or eligible voter of [state party caucus, party meeting or party convention, do hereby
give my proxy authorization to [state name of proxy holder] who shall be authorized to vote in
my stead at the meeting to be held on [date] and any adjourned date thereof." Any proxy
granted hereunder shall be revocable in a writing provided to the secretary or chair of the party
entity or by the attendance of the proxy grantor at the meeting stated.
IN ADDITION, I hereby extend the following suspensions and directives contained in Executive Order
202.36 through August 2, 2020:
• 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.
• The directive contained in Executive Order 202.44 which authorized any party caucus to be held
remotely for an office to be filled at a town or village election to be held on September 15, 2020
is modified insofar as to authorize a remote caucus or convention for a town or village office,
which is required by law to be filled at the general election in November, and is not to be filled at
the September 15, 2020 town or village election.
• 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, and to
require opening or operations in compliance Department of Health guidance, and is only
permitted in such regions authorized 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 August 2, 2020, to
allow any operator of an auto racetrack to operate beginning June 3, 2020, and to require
opening or operations in compliance Department of Health guidance, and provided further 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:
o Any region authorized for Phase One reopening may allow outdoor, low-risk
recreational activities and businesses providing such activities as determined by the
Empire State Development Corporation, are permitted to operate if operated 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 third day of July in the
year two thousand twenty.
BY THE GOVERNOR
109
No. 202.48
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 and each
successor Executive Order up to and including Executive Order 202.14, as continued and contained in
Executive Order 202.27, 202.28, , and 202.38, for another thirty days through August 5, 2020, except the
following:
• The suspension or modification of the following statutes and regulations, and the following
directives, are not continued, and such statutes, codes, and regulations are in full force and effect
as of July 7, 2020:
o The suspension of Education law section 3604(7), and any associated directives, which
allowed for the Commissioner of Education to reduce instructional days, as such
suspensions and directives have been superseded by statute, contained in Chapter 107
of the Laws of 2020;
o The suspension of Section 33.17 of the Mental Hygiene Law and associated regulations
to the extent necessary to permit providers to utilize staff members transport
individuals receiving services from the Office of Mental Health or a program or provider
under the jurisdiction of the Office of Mental Health during the emergency;
o The suspensions of sections 2800(1)(a) and (2)(a); 2801(1) and (2); 2802(1) and (2);
and 2824(2) of the Public Authorities Law, to the extent consistent and necessary to
allow the director of the Authorities Budget Office to disregard such deadlines due to a
failure by a state or local authority to meet the requirements proscribed within these
sections during the period when a properly executed declaration of a state of emergency
has been issued, are continued only insofar as they allow a state or local authority a
sixty day extension from the original statutory due date for such reports;
o Section 390-b of the Social Services Law and regulations at sections 413.4 and 415.15 of
Title 18 of the NYCRR;
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Judge; provided further that the suspension or modification of the following provisions
of law are continued:
▪ Section 30.30 of the Criminal Procedure Law, is hereby modified to require that
speedy trial time limitations remain suspended until such time as petit criminal
juries are reconvened or thirty days, whichever is later;
▪ Article 195 of the Criminal Procedure Law, is hereby suspended to the extent
that it would prohibit the use of electronic appearances for certain pleas,
provided that the court make a full and explicit inquiry into the waiver and
voluntariness thereof;
▪ Sections 190.45 and 190.50 of the Criminal Procedure Law, are hereby modified
to the extent necessary to allow an incarcerated defendant to appear virtually
with his or her counsel before the grand jury to waive immunity and testify in
his or her own defense, provided the defendant elects to do so;
▪ The suspension of Section 180.80 and 190.80 of the Criminal Procedure Law, as
modified by Executive Order 202.28, is hereby continued for a period not to
exceed thirty days in any jurisdiction where there is not a grand jury
empaneled; and when a new grand jury is empaneled to hear criminal cases,
then 180.80 and 190.80 of the criminal procedure law shall no longer be
suspended beginning one week after such grand jury is empaneled;
▪ The suspension of Sections 180.60 and 245.70 of the Criminal Procedure Law,
as modified by Executive Order 202.28, which allowed protective orders to be
utilized at preliminary hearings, is hereby continued for a period of thirty days;
and
o Business Corporation law sections 602, 605, and 708, as such suspensions have been
superseded by statute, as contained in Chapter 122 of the Laws of 2020;
o Banking Law Section 39 (2), as such suspension has been superseded by statute, as
contained in Chapters 112 and 126 of the Laws of 2020, as well as the directives
contained in Executive Order 202.9;
111
o Insurance Law and Banking Law provisions suspended by virtue of Executive Order
202.13, which coincide with the expiration of the Superintendent’s emergency
regulations;
o Subdivision (28) of Section 171 of the Tax Law, to the extent that the Commissioner has
extended any filing deadline;
o Sections 3216(d)(1)(c) and 4306 (g) of the Insurance Law, and any associated
regulatory authority provided by directive in Executive Order 202.14, as the associated
emergency regulations are no longer in effect;
• The directives contained in Executive Order 202.3, that closed video lottery gaming or casino
gaming, gym, fitness center or classes, and movie theaters, and the directives contained in
Executive Order 202.5 that closed the indoor common portions of retail shopping malls, and all
places of public amusement, whether indoors or outdoors, as amended, are hereby modified to
provide that such directives remain in effect only until such time as a future Executive Order
opening them is issued.
IN ADDITION, I hereby suspend or modify for thirty days through August 5, 2020:
• the provisions of Articles 11-A and 11-B of the State Finance Law, and any regulations
authorized thereunder, to the extent necessary to respond to the direct and indirect economic,
financial, and social effects of the COVID-19 pandemic.
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 August 5, 2020:
• The directive contained in Executive Order 202.41, that discontinued the reductions and
restrictions on in-person workforce at non-essential businesses or other entities in Phase Three
industries or entities, as determined by the Department of Health, in eligible regions, is hereby
modified only to the extent that indoor food services and dining continue to be prohibited in
New York City.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this sixth day of July in the
year two thousand twenty.
BY THE GOVERNOR
112
No. 202.49
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 and each
successor Executive Order up to and including Executive Order 202.21, and Executive Order 202.29, as
continued and contained in Executive Order 202.39, for another thirty days through August 6, 2020,
except the following:
• The suspension or modification of the following statutes and regulations are not continued, and
such statutes, codes, and regulations are in full force and effect as of July 8, 2020:
o 10 NYCRR 5-6.12(a)(4);
o Religious Corporations Law §§ 43, 45, as such suspensions have been superseded by
Chapter 122 of the Laws of 2020;
o Environmental Conservation Law Articles 3, 8, 9, 13, 15, 17, 19, 23, 24, 25, 27, 33, 34, 35,
37, and 75, and 6, and NYCRR Parts 552, 550, 601, and 609 to the extent they were
suspended to allow the Department of Environmental Conservation to suspend hearings
if public comments were accepted electronically or by mail;
o Real Property and Proceedings Law § 711, Real Property Law § 232-a, and Multiple
Dwelling Law § 4(8) and (9);
o Not for Profit Corporation Law § 1517; 19 NYCRR 203.3, 203.6, 203.13; 10 NYCRR
77.7(a)(1);
o Not for Profit Corporation Law § 1517; 19 NYCRR 203.3, 203.6, 203.13; 10 NYCRR
77.7(a)(4); and
o Public Health Law §§ 4140; 4144; Not for Profit Corporation Law § 1502, 1517, 19
NYCRR 203.1, 203.4, 203.8, 203.13; 10 NYCRR 13.1.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this seventh day of July in
the year two thousand twenty.
BY THE GOVERNOR
113
No. 202.50
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 further, I do hereby continue the suspensions and
modifications of law, and any directives, not superseded by a subsequent directive, made by Executive
Order 202.30 and Executive Order 202.40, which amended the directives contained in Executive Order
202.30, for thirty days until August 8, 2020.
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 hereby issue the
following directives for the period from the date of this Executive Order through August 8, 2020:
• The directive contained in Executive Order 202.5, that required closure to the public of all
indoor common portions of retail shopping malls, as extended, and as continued and modified in
Executive Order 202.48, is hereby amended to allow such malls to open in regions of the state
that are in Phase Four of the state’s reopening, so long as such malls adhere to Department of
Health issued guidance, effective 12:01am on Friday, July 10, 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 July in the
year two thousand twenty.
BY THE GOVERNOR
114