April 19, 2021

No. 202.102: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

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No. 202.102: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
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Continuing temporary suspension and modification of laws relating to the disaster emergency.

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No. 202.102

E X E C U T I V E  O R D E R

Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

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to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until May 19, 2021.

IN ADDITION, by virtue of the authority vested in me by Chapter 71 of the Laws of 2021 to modify or extend any directive issued during this disaster emergency necessary to cope with such disaster, I do hereby modify and extend the following directive consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through May 19, 2021:

  • The directive contained in Executive Order 202.94, as extended and modified, that required businesses licensed by the State Liquor Authority for on-premises service of alcoholic beverages to cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 11:00PM, provided all Department of Health guidance is adhered to, is further modified and extended only insofar as to provide that food and beverage establishments cease all on premises service and consumption of food and beverages (including alcoholic beverages), inside or outside, at or before 12:00AM, effective April 19, 2021.

IN ADDITION, the following directive is no longer in effect:

  • The directive contained in Executive Order 202.88 that required any healthcare facility, provider, or entity who has been allocated and has received COVID-19 vaccine, or who has received redistributed COVID-19 vaccine, must administer all such vaccine within one week of its receipt by such facility and provided that failure to administer vaccine in accordance with this process may result in a civil penalty of up to $100,000, and/or reduction or elimination of future allocations of vaccine.

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this 19th day of April the year two thousand twenty-one.

BY THE GOVERNOR  

Secretary to the Governor