Executive Orders Summary

Actions Taken by Gov. Andrew Cuomo Under Executive Order 202

• Executive Order 202 (March 7, 2020): Declared a state disaster emergency for the entire State of New York, pursuant to Art. 2-B § 28 of the Executive Law.

Directed State Comprehensive Emergency Management Plan to be implemented and authorized all necessary state agencies to take “appropriate action” to assist local governments and individuals in containing, preparing for, responding to, and recovering from COVID-19, to protect state and local property, and to provide such other assistance as is necessary to protect public health, welfare, and safety.

• Executive Order 202.1 (March 12, 2020): Extended the modifications of law made in Executive Order 202 for an additional 30 days; Prohibited large gatherings of people where attendance is anticipated to be in excess of 500 people (not yet applied to schools).
• Executive Order 202.2 (March 14, 2020): Required any school district which is closing pursuant to a local state of emergency declared as a result of the COVID-19 to first consult with local department of health and also exhaust any available time including snow days and vacation days; Allowed persons to electronically apply for an absentee ballot without requiring an in-person signature.
• Executive Order 202.3 (March 16, 2020): Prohibited social gatherings in excess of 50 people (amending Executive Order 202.1); Prohibited any restaurant or bar to serve patrons food or beverage on-premises; Prohibited video lottery gambling, casino gambling, gyms, fitness centers and classes, and movie theaters from operating; Suspended any local emergency law, rule, or regulation that is in conflict with these directives.

Governor Cuomo would later implement a $1,000 fine for individuals who violate the social gathering ordinance in Executive Order 202.14

• Executive Order 202.4 (March 16, 2020): Limited “non-essential” personnel to 50%; Restricted “non-essential” workers from reporting to work; Closed every school in the State of New York for two weeks (this would later be extended for the remainder of the academic year).
• Executive Order 202.5 (March 18, 2020): Allowed medical professionals licensed anywhere in the United States to practice in New York State with no penalty for lack of licensure; Closed all amusement parks.
• Executive Order 202.6 (March 18, 2020): Mandated that each employer shall reduce the in-person workforce at any work locations by 50% (effective March 20, 2020 at 8:00pm EST), but held that any business providing “essential services” is not subject to said restriction; Instructed that businesses may be deemed essential through an opinion from the Empire State Development Corporation.

This limitation would later be increased to a mandatory 100% reduction in the workforce effective March 22, 2020 at 8:00pm EST.

• Executive Order 202.7 (March 19, 2020): Closed all barbershop, hair salons, tattoo/piercing parlors and “related personal care services”.
• Executive Order 202.8 (March 20, 2020): Limited court operations to essential matters.
• Executive Order 202.9 (March 21, 2020): Deemed it an “unsafe and unsound business practice” for a bank to not grant a forbearance to any person or business who has a financial hardship as a result of COVID-19 for a period of 90 days; Allowed Superintendent to modify ATM, overdraft, and late fees.
• Executive Order 202.10 (March 23, 2020): Eliminated territory restrictions on ambulance services with prior approval by the Department of Health; Permitted Physician Assistants and Nurse Practitioners to provide medical services without supervision by a physician; Granted immunity from civil liability to any healthcare professional who causes any injury or death; Prohibited Pharmacists from administering hydroxychloroquine or chloroquine except when written as prescribed for an FDA-approved indication.
• Executive Order 202.11 (March 27, 2020): Permitted 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.
• Executive Order 202.12 (March 28, 2020: Rescheduled the Presidential Primary Election and the elections for the 27^th Congressional District, the 12^th Assembly District, the 31^st Assembly District, and the 136^th Assembly District, and the 50^th Senate District, to June 23, 2020; Also permitted the attendance of only one support person (who does not have a fever at the time) to accompany a patient who was giving birth.
• Executive Order 202.13 (March 30, 2020): Allowed OPWDD or OPWDD approved providers, OCFS licensed or certified programs, OASAS certified, funded or authorized programs, OMH or OMH licensed employees to continue employing providers without undergoing new background checks.
• Executive Order 202.14 (April 7, 2020): Allowed any physician scheduled to graduate in 2020 from a certified Medical School to practice medicine under the supervision of a licensed physician;  extended Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, and 202.13. 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.
• Executive Order 202.15 (April 9, 2020): Allowed for companies to distribute bottled or bulk water products without an assigned New York State Department of Health certificate number shown on the product label and to use labels authorized in any other state.

• Executive Order 202.16 (April 12, 2020): Required all employees present at any essential businesses to wear face coverings when in contact with customers or members of the public; further required that the businesses provide such face coverings at their own expense.
• Executive Order 202.17 (April 15, 2020): Required all persons over Age 2 able to medically withstand a face covering to wear one when out in public (Effective April 17, 2020).
• Executive Order 202.18 (April 16, 2020: Allowed nurses, doctors, radiologists, social workers, respiratory therapists, laboratory technicians, and pharmacists, from anywhere in Canada, to practice in New York State without civil or criminal penalties related to lack of licensure.
• Executive Order 202.19 (April 17, 2020): Established statewide COVID-19 testing; Directed any skilled nursing facility to notify family member(s)/next-of-kin when any resident tests positive for COVID-19 or suffers a COVID-related death.
• Executive Order 202.20 (April 18, 2020: Suspended Section 13 of Domestic Relations Law (requiring couples wishing to be married to obtain a marriage license within 60 days of ceremony); Suspended Section 15 of Domestic Relations Law (requiring couples wishing to be married to conduct the ceremony within the time frame issued on the license at the risk of the license expiring).
• Executive Order 202.21 (April 19, 2020): Allowed marriage ceremonies to be conducted video audio-video technology.
• Executive Order 202.22 (April 20, 2020): Suspended provisions of the Real Property Tax Law to allow County Executives to negotiate with any town supervisor/city mayor to accept a lesser percentage of taxes provided that no town or city shall pay more than 60 percent.
• Executive Order 202.23 (April 24, 2020): Required that every voter, whether active or inactive, be sent an absentee ballot allowing them to vote in a primary or special election to be held on June 23, 2020 (including paid postage); Permitted any voter to continue to be able to request such a ballot via phone or internet or electronically.
• Executive Order 202.24 (April 25, 2020: Authorized licensed pharmacists to order COVID-19 tests approved by the FDA to detect SARS-CoV-2 or its antibodies, and to administer COVID-19 tests subject to certificate of waiver requirements.
• Executive Order 202.25 (April 29, 2020): Modified Executive Order 202.10 by authorizing hospitals to perform elective surgeries and procedures so long as certain criteria are met.
• Executive Order 202.26 (May 1, 2020): Suspended Sections 2018(a-b) of the Education Law and modified them to provide that COVID-19 shall be deemed a temporary illness.
• Executive Order 202.27 (May 5, 2020): Extended Executive Order 202.18 (permitting licensed Canadian professionals of various occupations to work in the United States without due (American) licensure) another 30 days.
• Executive Order 202.28 (May 7, 2020): Required landlords to provide relief to tenants who so request who are eligible for unemployment insurance or benefits under state or federal law or are otherwise facing financial hardship due to COVID-19.
• Executive Order 202.29 (May 8, 2020): Modified Section 214-g of the CPLR to state that an action should be commenced no later than 1 year and 11 months after the effective date of said section.
• Executive Order 202.30 (May 10, 2020): Required administrator of all nursing homes to make arrangements for the testing of all personnel for COVID-19 twice per week pursuant to a plan developed by the facility administrator and filed with the Department of Health.
• Executive Order 202.31 (May 14, 2020): Extended entire NY ON PAUSE order through May 28, 2020.
• Executive Order 202.32 (May 21, 2020):

• Allowed clinical laboratories to accept and examine specimens for COVID-19 testing without prescription or other orders from any authorized ordering source.
• Report such results to appropriate operators and administrators of the nursing home or adult care facility (nursing home, etc.).
• Ensure proper follow-up with patents who test positive for COVID-19.
• Continued to allow physicians to order COVID-19 tests without a prior-existing physician-patient relationship.
• Extended period for paying (without interest/penalty) property taxes.
• Opened racetracks (without fans).
• Allowed non-essential gatherings of ten or fewer people for religious service/ceremony or to commemorate Memorial Day (provided that social distancing is observed).
• Allowed drive-ins to continue in excess of ten person limit provided that there is no physical contact.
• Allowed tentative and final assessment rolls to be filed up to 30 days later than otherwise allowable.
• Executive Order 202.33 (May 22, 2020):
• Allowed gatherings of ten people or less for any lawful purpose (no longer limited to religious gatherings or Memorial Day commemorations) provided that social distancing is observed and sanitization guidelines are followed.
• Executive Order 202.34 (May 29, 2020):

• Gave business operators & building owners the discretion to ensure compliance with the requirement to wear facial coverings (including the discretion to deny admittance to persons not wearing facial coverings).
• However, police officers are still allowed to fine persons for not wearing facial coverings.
• Continued NY ON PAUSE order for businesses staying closed, but said that once a region meets the criteria, that they are eligible to enter phase one of reopening (specified regions which already did meet the metrics required for phase one reopening).
• Executive Order 202.35 (May 29, 2020):

• Effective at 1pm on 5/29/2020, reductions/restrictions on in-person workforce at non-essential businesses no longer apply to phase two industries but said that any business open in phase two must be operated subject to guidelines from the Department of Health.
• Specified the regions that already meet the metrics to begin phase two opening, and provided that any other region which meets the criteria after 5/29/2020 will be “written in to” this executive order.
• Executive Order 202.36 (June 2, 2020):
  • Extends by 21 days the paying of property taxes without interest/penalties for those counties to request such extension.
  • Allows for electronic ordering of laboratory tests from doctors for patients using a questionnaire.
  • Allows hair salons and barber shops in regions consistent with DOH guidelines and in Phase Two reopening.
  • Auto racetracks can operate starting June 3 if only essential personnel and participants are present. Does not permit Visitors/spectators.
  • Allows regions that meet phase one requirements to allow low-risk outdoor recreational and business activities as long as they are in accordance with DOH and Empire State Development guidance.
• Executive Order 202.37 (June 5, 2020):
  • Special education services required under law may be held in person for the summer term. Must follow State and Federal guidance.
• Executive Order 202.38 (June 6, 2020):
  • Gives building owners, retail, and other public managers (collectively Operators) the discretion to require individuals to undergo temperature checks prior to entering. Operators also have the discretion to deny admittance to anyone not following these guidelines without penalty.
  • Allows restaurants/bars to serve customers on-site as long as it is an outdoor space.
  • Phase 2 regions may have non-essential “worship” gatherings at 25% capacity indoors.
  • Restaurants following regulations and serving food/drink on-site may use public/private spaces (streets, sidewalks) to effectuate their business activities (subject to limitations).
• Executive Order 202.39 (June 7, 2020):
  • Any absentee ballot for an election held on June 9, 2020, and received no later than June 16, 2020, to be canvassed.
  • Exempts school districts from completing professional performance reviews.
  • Allows the appointment of probationary teachers who have already had performance reviews within the past year.
  • Limits 202.38 restaurant provisions to only include restaurants located in regions undergoing Phase Two.
  • Modifies workforce capacity regulations to only restrict nonessential business within regions that don’t meet criteria for Phase Two reopening.
• Executive Order 202.40 (June 10, 2020):
  • Nursing Home and adult care facility staff must undergo/ make arrangements for weekly testing.
  • Modifies school budgeting election.