June 19, 2020
Albany, NY

No. 202.43: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

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No. 202.43

 

 

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, 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.

 

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         

 

Secretary to the Governor

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