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New York State Executive Orders

Posted on: June 1, 2021

Highlights of the 202.108 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202, unless superseded, modified or otherwise expired, for thirty days, until June 16 2021;
  2. Eliminates capacity requirements imposed by prior Executive Orders at houses of worship, places of public amusement, and indoor dining and food services inside and outside of New York City, subject to adherence to Department of Health guidance;
  3. Eliminates capacity limits based on percentage of maximum occupancy as imposed by prior Executive Orders at outdoor stadiums and outdoor performing arts venues, subject to Department of Health guidance;
  4. Directs that large indoor event venues operate at a capacity to be determined by the Department of Health;
  5. Effective May 31, 2021, food and beverage establishments shall no longer be required to cease all on premises indoor service and consumption of food and beverages at or before 12 AM.
  6. Effective May 19, 2021, individuals who are fully vaccinated are no longer required to cover their nose or mouth with a mask while indoors, except in certain settings as prescribed in Department of Health guidance; and
  7. Eliminates the requirement that in-person transactions at county-operated DMV offices be conducted by appointment only.

Highlights of the 202.107 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202, unless superseded, modified or otherwise expired, for thirty days, until June 9, 2021; and
  2. Modifies gathering restrictions as follows:
    1. Effective May 10, 2021, up to 500 people are permitted to attend outdoor socials gatherings at events, arts, and entertainment venues, subject to Department of Health guidance.
    2. Effective May 19, 2021, limitations on private residential outdoor gatherings shall no longer be in effect.
    3. Effective May 19, 2021, up to 250 people are permitted to attend indoor social gatherings at events, arts, and entertainment venues.
    4. Effective May 19, 2021, up to 50 people are permitted to attend residential indoor gatherings, subject to Department of Health guidance.

Highlights of the 202.106 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202, unless superseded, modified or otherwise expired, for thirty days, until June 5, 2021; and
  2. Rescinds all suspensions and modifications of the Criminal Procedure Law except:
    1. Permits the continuation of the expanded use of electronic appearances;
    2. Current suspensions and modifications of Criminal Procedure Law Sections 30.30 and 190.80 remain in effect through and including May 23, 2021, and are thereafter rescinded; and
    3. Further modifies Section150.40 of the Criminal Procedure Law reducing the timeframe from 90 to 60 days regarding the return date for appearance tickets.
  3. Effective May 7, 2021, indoor food services and dining in New York City is permitted at 75% capacity.

Highlights of the 202.105 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202, unless superseded, modified or otherwise expired, for thirty days, until May 27, 2021; and
  2. Modifies the directive contained in Executive Order 202.17 (requiring any individual over age 2 to wear a mask) to no longer require individuals who have a completed COVID-19 vaccination series to wear a mask outdoors, except in crowded settings and venues.

Highlights of the 202.104 Order include:

1.Modifies and extends Executive Order 202.96 as it relates to movie theaters, to provide that, effective April 26, 2021, movie theaters shall be permitted to operate at an occupancy level determined by the Department of Health and subject to state-issued guidance.

Highlights of the 202.103 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202, unless superseded, modified or otherwise expired, for thirty days, until May 25, 2021.

Highlights of the 202.102 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until May 19, 2021;
  2. Permits businesses licensed by the SLA for on-premises service of alcoholic beverages to remain open for on premises service and consumption of food and beverages, inside or outside, until 12 AM; and
  3. Rescinds the directive contained in Executive Order 202.88 that required any healthcare facility, provider, or entity that has been allocated and received a supply of COVID-19 vaccines, to administer the vaccine within one week of receipt of same.

Highlights of the 202.101 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until May 6, 2021;
  2. Expands capacity at larger outdoor stadiums, regional sports venues, and large outdoor performing arts venues, subject to conditions;
  3. No longer requires gyms and fitness centers to close at 11 PM;
  4. Extends the hours of operations for certain businesses that have a State Liquor Authority license after food and beverage service is required to end; and
  5. Modifies Executive Order 202.30, as extended and modified, to provide that no Article 28 general hospital shall discharge a patient to a nursing home, adult care facility, or long-term care facility without first offering the patient a COVID-19 vaccine, and upon consent from the patient, administering it to them.

Highlights of the 202.100 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until April 30, 2021; and
  2. Modifies Executive Order 202.30, as extended and modified, to provide that no Article 28 general hospital shall discharge a patient to a nursing home without first offering the patient a COVID-19 vaccine, and upon consent from the patient, administering it to them.

Highlights of the 202.99 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until April 25, 2021; and
  2. Directs pharmacies to prioritize the following groups for COVID-19 vaccinations: (1) individuals age eligible; (2) individuals who are P-12 school (public or non-public) teachers, substitute teachers, or student teachers; and (3) individuals with comorbidities.

Highlights of the 202.98 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until April 20, 2021;
  2. Effective March 22, 2021, and subject to adherence to Department of Health guidance, permits the operation of indoor fitness classes;
  3. Effective March 22, 2021, permits non-essential private residential outdoor gatherings of up to 25 people provided that social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health are adhered to; and
  4. Effective April 2, 2021, events, arts, and entertainment venue may reopen at up to 33% capacity, with up to 100 people indoors and up to 200 people outdoors, or up to 150 people indoors and up to 500 people outdoors if all attendees present proof of a negative COVID-19 test, provided that social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health are adhered to.

Highlights of the 202.97 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until April 16, 2021;
  2. Modifies the Tax Law to preclude the Commissioner of Taxation and Finance from disallowing STAR credits or exemptions due to the failure of delinquent property owners to pay past-due property taxes in full, and precludes the Commissioner from notifying delinquent property owners of same;
  3. Allows indoor dining, outside of New York City, to operate at 75% of maximum capacity, subject to adherence to state-issued guidance;
  4. Allows indoor dining, within New York City, to operate at 50% of maximum capacity, subject to adherence to state-issued guidance; and
  5. Directs pharmacies to prioritize vaccinations of individuals age 60 and older, and individuals who are P-12 school (public or non-public), teachers, substitute teachers, or student teachers.

Highlights of the 202.96 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until March 28, 2021;
  2. Repeals the directives contained in Executive Order 202.95 (requiring teachers to report receipt of COVID-19 vaccinations);
  3. Requires every local health department to report the number of eligible P-12 teachers and staff that have received a COVID-19 vaccination to the Department of Health;
  4. Modifies Executive Order 202.5 to permit all indoor family entertainment centers and places of amusement to open on March 26, 2021, at 25% capacity, subject to adherence to state-issued guidance;
  5. Modifies Executive Order 202.5 to permit outdoor amusement parks to open on April 9, 2021, at 33% capacity, subject to adherence to state-issued guidance;
  6. Modifies Executive Order 202.70 to allow certain movie theaters that were directed to close to reopen on March 5, 2021, at 25% capacity,  with no more than 50 people maximum per screen, subject to strict adherence to Department of Health guidance; and
  7. Modifies Executive Order 202.93 to allow, beginning February 16, 2021, New York City indoor food services and dining to increase capacity to 35%, subject to strict adherence to Department of Health and any other State-issued guidance.  

Highlights of the 202.95 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days, until March 24, 2021;
  2. For the purposes of tracking by the Department of Health, requires a teacher employed by a public or private school who has received a COVID-19 vaccination, to report such vaccination to the school upon request; and
  3. Requires every school and school district, starting February 23, 2021, and every Friday thereafter, to report to the Department of Health on a weekly basis, the number of completed COVID-19 vaccinations reported in the prior week, as well as the number and percentage of teachers conducting in-person instruction during the prior week.

Highlights of the 202.94 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days until March 16, 2021;
  2. Modifies the Eminent Domain Procedure Law to permit the MTA to hold public hearings remotely, provided that public comments must be permitted electronically or by mail;
  3. Requires all liquor and wine stores that are licensed by the State Liquor Authority to cease all off premises sales and close at or before 11 PM (extended from 10 PM);
  4. Requires all restaurants to cease in-person dining at or before 11 PM (extended from 10 PM);
  5. Requires all businesses that are licensed for on premises service of alcoholic beverages to cease on premises service and consumption of food and beverage, inside or outside, at or before 11 PM; and
  6. Requires gyms and fitness centers to close by 11 PM (extended from 10 PM).

Highlights of the 202.93 Order include:

  1. Continued Executive Order 202 and each successor Executive Order to 202 for thirty days until March 11, 2021;
  2. Permits indoor dining at NYC restaurants, not to exceed 25% capacity, beginning February 11, 2021;
  3. Eliminates capacity restrictions on houses of worship located in “red,” “orange,” or “yellow” zones, beyond the restrictions contained in the Department of Health guidance relating to houses of worship; and
  4. Extends by 21 days the period for paying, without interest or penalty, property taxes that are due in the Village of Lynbrook.

Highlights of the 202.92 Order include:

  1. Continues Executive Order 202 and each successor Executive Order to 202 for thirty days until February 26, 2021;
  2. Modifies the Nassau County Administrative Code to extend the deadline to pay the first half of 2021’s general taxes without interest or penalties from February 10, 2021 to March 12, 2021;
  3. Authorizes the Commissioner of Health to direct COVID-19 testing for all staff or to modify or eliminate visitation or leave for residents at any state, local, or voluntary not-for-profit congregate facility supervised or licensed by the Office of Mental Health, the Office of Addiction Services and Supports, the Department of Corrections and Community Supervision, the Office for People with Developmental Disabilities, or the Department of Health, on a regular to schedule or in order to control an outbreak as necessary; and
  4. Modifies testing and analysis privileges for pharmacists and laboratories.

The 202.91 Order continues Executive Order 202 and each successor Executive Order to 202 for thirty days until February 22, 2021.  The 202.91 Order also addresses priority groups that are currently eligible to receive the vaccine.  Specifically:

  1. Local health department and county governments must prioritize essential works in the 1b category (see https://covid19vaccine.health.ny.gov/phased-distribution-vaccine).
  2. Hospitals receive allocations for and must prioritize healthcare workers.
  3. Pharmacies are to prioritize individuals that are 65+.
  4. NYSDOH approved general population mass vaccination sites are to prioritize 65+ and essential workers in the 1b category.

Governor Cuomo issued Executive Order 202.90, dated January 12, 2021 (the “202.90 Order”).  A copy of the 202.90 Order is attached for your review.  Highlights of the 202.90 Order include:

  1. Continues the suspensions and modifications of law, and any directives unless otherwise superseded, modified or otherwise expired, made by Executive Order 202 and each subsequent successor Executive Order through January 29, 2021; and
  2. Expands the pool of professionals authorized to administer the COVID-19 vaccine.

The 202.89 Order continues the directives, not otherwise suspended by a subsequent directive, contained in Executive Orders 202.22 – 202.26, 202.32 – 202.35, 202.44, 202.45, 202.53, 202.57, 202.64, 202.69, and 202.73 – 202.75, as continued and contained in Executive Orders 202.80 and 202.81 (collectively hereinafter referred to as the “Continued Orders”) through February 6, 2021.  Below, please find a summary of the Continued Orders.

Additional highlights of the 202.89 Order include:

Any suspension or modification of law or directives contained in Executive Orders 202.23, 202.24, and 202.26 relating to the conduct of an election which occurred in 2020 are no longer suspended or modified;

  • Modifies the signature requirement for a village election occurring before July 1, 2021.  The signature requirements on an independent nominating petition for an independent nomination for the general election for any office that is not determined by statewide election shall be seventy percent of the statutory minimum provided for in Sections 15-108(6) or 6-206(4) of the Election Law. The signature requirements under Sections 15-108(6) and 6-206(4) are:
  • 100 signatures for villages that have a population of 5,000 or more;
  • 75 signatures for villages that have a population between 3,000 and 4,999;
  • 50 signatures for villages that have a population between 1,000 and 2,999; and
  • 5% of voters who voted in the last regular village election for villages that have a population of less than 1,000;
  • Modifies the Election Law to permit party caucus nominations for a village election to be conducted remotely in whole or in part as determined by the chair of such party; and
  • Modifies the Election and Town Law, as well as any provision of law related to a special district election and not administered by the County Board of Elections, to include the potential for contraction of Covid-19 as an illness for purposes of request or receipt of an absentee ballot.

Governor Cuomo issued Executive Order 202.88, dated January 4, 2021 (the “202.88 Order”).  A copy of the 202.88 Order is attached for your review.  Highlights of the 202.88 Order include:

  1. Requires that all flu and COVID-19 vaccinations for any individual (child or adult) be reported to the New York State Immunization Information System or the Citywide Immunization Registry within 12 hours of the administration of such vaccine;
  2. Requires any healthcare facility, provider, or entity that has been allocated and has received COVID-19 vaccines, to administer its supply of the vaccine within one week of its receipt.  Failure to do so may result in a fine of up to $100,000.00; and
  3. Modifies directives in Executive Orders 202.73, 202.40, and 202.30 to authorize the Commissioner of Health to set forth testing of all personal at nursing homes in any area of the state irrespective of location in a micro-cluster zone.

The 202.87 Order continues Executive Orders 202 – 202.21, 202.27 – 202.31, 202.38 – 202.43, 202.48 – 202.52, 202.55, 202.55.1, 202.56, 202.60 – 202.63, 202.67, 202.68, and 202.72 as continued and contained in Executive Order 202.79 for another 30 days through January 29, 2021.   Highlights of the 202.87 Order include:

  1. Municipalities may continue to hold virtual meetings and public hearings through January 29, 2021;
  2. Modifies Chapter 89 of the laws of 2020 to provide that any member otherwise qualified to receive an accidental death benefit who dies after December 31, 2020, shall be eligible to receive such benefit.  Chapter 89 amended various provisions of law to establish a COVID-19 accidental death benefit for New York State public employees;
  3. Continues to permit individuals to request an absentee ballot under the terms of Chapters 91 and 138 of the laws of 2020;
  4. Removes limits on working hours for physicians and postgraduate trainees;
  5. Suspends Sections 30.30 and 190.80 of the Criminal Procedure Law to the extent necessary to toll any time contained therein for the period during which the criminal action is proceeding on the basis of a felony complaint through arraignment on the indictment or on a superior court information and thereafter shall not be tolled; and
  6. Modifies the Arts and Cultural Affairs Law to allow an operator or operator’s agent to utilize a paperless ticketing system for an approved Department of Health demonstration program.

Highlights of the 202.86 Order include:

  1. Requires healthcare providers to require any person who is receiving the vaccine to provide information, including but not limited to, an attestation that they are a member of a specific priority group that has been determined by the Department of Health to be eligible to receive the vaccine;
  2. Subjects licensed healthcare providers to a civil penalty of up to one (1) million dollars per dose administered, if they administer the vaccine to an individual who has not certified to being a member of a priority group or where such provider otherwise has knowledge that the individual is not a member of the priority group.  Such licensed healthcare provider may also have their state-issued license revoked; and
  3. Authorizes retired physicians, registered professional nurses, licensed practical nurses, and nurse practitioners licensed to practice and in current good standing in New York State, but not currently registered in the State, to re-register through the use of an expedited automatic registration form and to waive any registration fee for the triennial registration period.

The 202.85 Order continues Executive Order 202.66 as continued and contained in Executive Orders 202.71 and 202.78, through January 26, 2021.  The 202.66 Order prevents the execution or enforcement of a judgment or warrant of eviction for residential property that was granted prior to March 7, 2020, through January 1, 2021, that has been issued against a residential tenant suffering financial hardship during COVID-19.

The 202.84 Order continues the suspensions and modifications of law, and any directives not superseded by a subsequent directive, contained in Executive Order 202.77, through January 22, 2021.

The 202.77 Order directed the Commissioner of Health to establish guidelines for accepting patients back to a nursing home or adult care facility after patients were released for a leave of absence or to visit friends or relatives.  This guidance is binding on facilities as required by Executive Order 202.30.  Executive Order 202.30 required 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.    Any positive test shall be reported to the Department of Health by 5 PM on the day following receipt of such test result.  The 202.30 Order also mandated that an 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.

The 202.83 Order continues the directives not otherwise superseded by a subsequent directive contained in Executive Orders 202.36, 202.37, 202.46, 202.47, 202.54, 202.58, 202.59, 202.65, and 202.70,  (collectively hereinafter referred to as the “Continued Orders”), as continued and contained in Executive Order 202.76, through January 17, 2021.  Below, please find a summary of the Continued Orders.

In addition, the 202.83 Order:

  1. Modifies sections of the Real Property Tax law concerning persons with disabilities and limited incomes, and persons 65 years of age or over, that apply for tax exemptions.  The 202.83 order allows an assessing unit to adopt a resolution directing the assessor to grant appropriate exemptions to all property owners who received an exemption on the 2020 assessment roll, thus dispensing with the need for renewal applications from such persons, and further dispensing with the requirement for assessors to mail renewal applications to such persons;
  2. Relives healthcare providers of recordkeeping requirements to the extent necessary to respond to COVID-19.  Affords absolute immunity from liability to any person acting reasonably and in good faith under this provision that fails to comply with recordkeeping requirements;
  3. All suspensions of the Family Court Act remain in effect until the expiration of the 202.83 order, as extended or modified by a future Executive Order;
  4. Authorizes payment of rent relief as otherwise provided in the Covid-19 Rent Relief Act, without requiring that a tenant provide proof that they were paying more than 30 percent of gross monthly income toward rent prior to March 2020; and
  5. Modifies Section 1145 of the Tax Law to expand the authority of the Commissioner of Taxation and Finance to authorize the abatement of interest, for 91 days, for restaurants and other food service establishments that are required to file returns and remit sales and use taxes by December 21, 2020, for the sales tax quarterly period that ended on November 30, 2020, and that were required to cease indoor dining by Executive Order 202.81 or by Executive Order 202.68, because they are located in an area that was designated an “orange zone” on December 18, 2020.

Summary of Continued Orders

Executive Order # Date Issued Summary
202.36 June 2, 2020 Modified Executive Order 202.7 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. Modified Executive Order 202.32 to allow any operator of an auto racetrack to operate beginning June 3, 2020, pursuant to Department of Health guidance. Modified Executive Order 202.35 so that 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 (see https://esd.ny.gov/guidance-executive-order-2026#:~:text=Outdoor%2C%20low%2Drisk%20recreational%20activities,boats%2C%20kayaks%2C%20canoes%3B%20and).
202.37 June 5, 2020 Addressed special education services.
202.46 June 30, 2020 Addressed various election matters.
202.47 July 3, 2020 Modified 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 to enforce provisions of the Alcoholic Beverage Control Law.
202.54 July 30, 2020 Addressed various election and educational matters.
202.58 August 24, 2020 Addressed various election matters.  
202.59 August 28, 2020 Continued the suspensions, modifications, and directives, not superseded by a subsequent directive, made by Executive Order 202.26 (allowing outdoor, low-risk recreational activities), 202.37 (permitting in-person special education services), 202.46 (providing guidance on village and general elections), and 202.47 (enforcing the Alcoholic Beverage Control Law) through September 27, 2020.   Directed the Commissioner of Health to develop emergency regulations and comprehensive statewide protocols for the timely testing and reporting of all COVID-19 and Influenza cases.
202.65 September 23, 2020 Continued the directives not otherwise superseded by a subsequent directive contained in Executive Orders 202.36, 202.37, 202.46, 202.47, 202.54, 202.58, and 202.59.
202.70 November 16, 2020 Continued the directives not otherwise superseded by a subsequent directive contained in Executive Orders 202.36, 202.37, 202.46, 202.47, 202.54, 202.58, and 202.59; Continued the prohibition of the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage, through January 1, 2021; and Effective October 23, 2020, permitted movie theaters to open at 25% capacity with up to 50 people maximum per screen.  However, movie theaters in the New York City region, counties with infection rates above 2% over a 14-day average, and in counties with red cluster zones, continue to be closed.
202.76 November 19, 2020 The 202.76 Order continued the directives not otherwise superseded by a subsequent directive contained in Executive Orders 202.36, 202.37, 202.46, 202.47, 202.54, 202.58, 202.59, and 202.65; Permitted any appearance at a criminal proceeding to be conducted virtually by electronic appearance with the consent of the parties, including but not limited to bench trials, evidentiary hearings, and/or probation or parole violation hearings; Modified the Public Authorities Law to permit public authorities to receive comments concerning proposed fare, toll, rental, rate, charge or other fee adjustments through remotely held public hearings; and Continued all suspensions of the Family Court Act pursuant to Executive Order 202.72 through December 18, 2020.  However, suspensions related to juvenile delinquency matters not involving a detained youth, or children involved in child abuse and neglect proceedings that have not been removed from their homes, will continue beyond December 18th).

The 202.82 Order addresses the need to facilitate the timely distribution and administration of the COVID-19 and flu vaccine in various settings throughout the State.  In particular, the 202.82 Order permits Points of Dispensing (“PODs”) that are under the medical supervision of licensed physicians, licensed physician assistants, or certified nurse practitioners, to utilize certain individuals or health professionals who are: (1) not currently authorized to administer vaccinations but who are licensed or certified pursuant to specific provisions of the Education Law or the Public Health Law; or (2) enrolled in an educational or training program pursuant to the Education Law or Public Health Law as specified in the 202.82 Order, to administer the COVID-19 and flu vaccines.

Additional Highlights of the 202.82 Order include:

  1. Suspends/modifies sections of the Education Law and NYCRR to the extent necessary to permit non-patient specific regimens to be prescribed, ordered to, and executed by certain medical staff for the administration of the COVID-19 vaccine.
  2. Under conditions, permits licensed pharmacists to administer the COVID-19 vaccine less than 90 days after approval of such vaccine by the FDA’s Center for Biologics Evaluation and Research.
  3. Under certain conditions, allows midwives, dentists, dental hygienists, podiatrists, emergency medical technicians, advanced emergency medical technicians, emergency medical technician-paramedics, registered professional nurses to administer the COVID-19 and flu vaccines;
  4. Waives the requirement of certain professionals to maintain and retain such records for those to whom they administer vacations against the flu or COVID-19, provided such professionals comply with all recordkeeping requirements directed by the Department of Health.
  5. Permits physician assistants and nurse practitioners to administer COVID-19 and flu vaccines at PODs without civil or criminal penalty related to a lack of a written practice agreement, or collaborative relationship with a physician.
  6. Suspends the requirement that persons 19 years of age or older must consent to have their immunization information reported to the New York State Immunization Information Registry (“NYSIIS) or the City Immunization Registry (“CIR”), so that for purposes of the 202.82 Order, the New York State Commissioner of Health or the NYC Commissioner of Health may include adult immunization information in NYSIIS or the CIR, as applicable, without consent, and subject to guidance issued from the NYS Department of Health.
  7. Requires all COVID-19 and flu vaccinations for any individual (child or adult) to be reported to the NYSIIS or CIR, as applicable, within 24 hours of administration of such vaccine.
  8. Modifies Executive Order 202.1 which allowed 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, to clarify that such temporary location and extensions may include temporary vaccination sites.
  9. Under certain conditions, allows students in certain medical programs, registered professional nursing programs, physician assistant programs, pharmacy programs, dentistry programs, podiatric medicine programs, and midwifery programs, and who have completed at least one year of clinical experience and received certain training, to administer COVID-19 and flu vaccinations.

The 202.81 Order continues the directives, not otherwise suspended by a subsequent directive, contained in Executive Orders 2022.22 – 202.26, 202.32 – 202.35, 202.44, 202.45, 202.53, 202.57, 202.64, and 202.69 as continued and contained in Executive Order 202.75, and Executive Order 202.74 (collectively hereinafter referred to as the “Continued Orders”) through January 10, 2021.  A summary of the Continued Orders is below.

Additional highlights of the 202.81 Order include:

  1. The initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of rent is continued until January 31, 2021.
  2. Effective Monday, December 14, 2020, indoor dining in New York City is prohibited.
  3. Effective Monday, December 14, 2020, gyms and fitness centers or classes located in “orange zones” may operate at 25% capacity subject to the strict adherence to Department of Health guidelines.
  4. Effective Monday, December 14, 2020, barbers, hair salons, spas, tattoo or piercing parlors, nail technicians and nail salons, cosmetologists, estheticians, the provision of laser hair removal and electrolysis, and all other personal care services located in “orange zones” may operate subject to strict adherence to Department of Health guidelines, provided that employees performing such services directly on, or to, customers receive diagnostic testing for COVID-19 on a weekly basis for the duration of time that the business remains in an “orange zone” and no employee provides any such services at a re-opened business without first obtaining a negative COVID-10 test result within the preceding 7 days of providing such service.

The following is a summary table of the enhanced public health restrictions for targeted zones with cluster-based Covid-19 cases:

Executive Order # Date Issued Summary
202.22 April 20, 2020 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.  
202.23 April 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.
202.24 April 25, 2020 Authorizes licensed pharmacists to order and administer COVID-19 tests in patients suspected of a COVID-19 infection, or suspected of having recovered from a COVID-19 infection
202.25 April 29, 2020 Allows 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.   Allows a patient giving birth to have 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.   Authorizes general hospitals to perform elective surgeries and procedures pursuant to certain criteria as defined in the Executive Order.  
202.26 May 1, 2020 Addressed various election matters.
202.32 May 21, 2020 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.  
202.33 May 22, 2020 Modified Executive Order 202.32 to permit any non-essential gathering of ten (10) or fewer individuals for any lawful purpose.
202.34 May 28, 2020 Gives discretion to business operators and building owners, and those authorized on their behalf, to ensure compliance with Executive Order 202.17 (requiring any individual over age two (2) 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).  This includes the discretion to deny admittance to individuals or to require or compel their removal if the individuals fail to cover their nose and mouth with a mask or cloth face-covering.  Business operators and building owners who enforce the mask/cloth face-covering directive shall not be subject to a claim of violation of quiet enjoyment, or frustration of purpose.  Nothing in the 202.34 Order limits the rights of the State and local enforcement authorities from imposing fines or other penalties for any violation of the mask/cloth face-covering directive.  
202.35 May 29, 2020 Lifted reductions and restrictions on the in-person workforce at non-essential Phase Two industries.
202.44 June 21, 2020 Allows: (a) tentative and final real property tax assessment rolls to be filed up to 30 days late; (b) hearing assessment complaints for tax assessing units to be at a date 21 days after the filing of the tentative roll; (c) notice of the tentative roll filing to be published online and to suspend in-person inspection of tentative rolls; and (d) the Board Boards of Assessment Review to hear complaints remotely.   Provides criteria to authorize general hospitals to perform elective surgeries, and allows general hospitals that do not meet the required criteria to seek a waiver of same.  
202.45 June 26, 2020 Modifies a provision of Chapter 25 of the laws of 2020 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 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 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.   Allows 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 gatherings are in a region that has reached Phase 4 of the State’s reopening, and that social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health are adhered to.  
202.53 July 21, 2020 Continues the directive contained in Executive Order 202.45, which extended the provisions of Executive Orders 202.3 – 202.8, 202.10 – 202.14, 202.28, 202.31, 202.34, 202.35, and 202.41, which each closed or otherwise restricted public or private businesses or places of public accommodation and allowed regions to enter Phase Four of the State’s reopening.
202.57 August 20, 2020 Allowed a gym, fitness center or class, to operate as of August 24, 2020, subject to Department of Health guidance.  However, such activity may be postponed by the local chief executive consistent with Department of Health guidance. Allowed low-risk indoor arts and cultural activities to open in the New York City region, as of August 24, 2020, subject to adherence to Department of Health guidance.
202.64 September 18, 2020 Continued Executive Order 202.57 for another 30 days.  Continued the prohibition of the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage, through October 20, 2020.  
202.69 October 14, 2020 Continued directives extended by Executive Orders 202.57 and 202.64 until November 13, 2020. Annual safety inspections, and at least biennial emissions inspections, pursuant to the Vehicle and Traffic Law, shall no longer be suspended or modified as of November 3, 2020. The director of budget is authorized to withhold any funds appropriated in the FY20 Enacted Budget to or for, a public or nonpublic school or school district and/or a locality for the period of time that such school district, school, or locality is found to have been in violation of Executive Order 202.68 (Executive Order 202.68 created red, orange, and yellow zones imposing enhanced public health restrictions).
202.74 November 12, 2020 Non-essential private residential gatherings are limited to 10 or fewer individuals, provided that social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health are adhered to; All liquor and wine stores must close at or before 10 PM; Restaurants, regardless if they are licensed by the State Liquor Authority, must cease in-person dining by 10 PM (however, restaurants may continue curbside takeout and delivery service after 10 PM); and Gyms/fitness centers must close to the public by 10 PM.
202.75 November 13, 2020 Continued the directives, not otherwise suspended by a subsequent directive, contained in Executive Orders 2022.22 – 202.26, 202.32 – 202.35, 202.44, 202.45, 202.53, 202.57, and 202.64 as continued and contained in Executive Order 202.69 through December 13, 2020

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