April 6, 2021
Albany, NY

No. 202.101: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

Executive Order
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No. 202.101

 

 

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to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until May 6, 2021.

 

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 Warwick, Orange County;

 

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issued during this disaster emergency necessary to cope with such disaster, I hereby extend any directives unless superseded, modified, or otherwise expired made by Executive Order 202 and each successor Executive Order to 202, for thirty days until May 6, 2021, and I do hereby modify and extend the following directives consistent with Chapter 71 of the Laws of 2021 for the period from the date of this Executive Order through May 6, 2021:

 

  • The directive contained in Executive Order 202.45 that permitted professional sports without fans is hereby extended and modified to provide that beginning April 1, 2021, large outdoor stadiums that hold 10,000 people or more are permitted to operate at 20% capacity, provided that all attendees must show proof of a negative COVID-19 test or completed vaccination series and state-issued guidance is adhered to. Regional sports venues that hold 1500 or more people indoors or 2500 or more people outdoors shall be permitted to operate at 10% capacity indoors and 20% capacity outdoors, effective April 1, 2021, provided that all attendees must show proof of a negative COVID-19 test or completed vaccination series and state-issued guidance is adhered to.  Large outdoor performing arts venues that hold 2500 or more people, including stadiums, are permitted to operate, effective April 1, 2021, at 20% capacity, provided that all attendees must show proof of a negative COVID-19 test or completed vaccination series and state-issued guidance is adhered to.

 

  • Effective April 5, 2021, the directive contained in Executive Order 202.94 that required any gym or fitness center to cease operation and close to the public at 11:00PM shall no longer be in effect.

 

  • Effective April 5, 2021 the directive contained in Executive Order 202.94 that required businesses licensed by the State Liquor Authority for on premises service of alcoholic beverages, be modified to the extent that any licensed business that may under its license offer an otherwise permissible activity pursuant to current Department of Health guidelines, may continue to offer such activity after food and beverage service is required to end and until the earlier of any stipulated closing time or the county on premises closing time. This provision shall be subject to reasonable limitations and guidance set by the Chairman of the State Liquor Authority.

 

  • The directive contained in 202.30, as extended and modified, is further modified and extended 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 to medically eligible patients and, if the patient consents, providing a COVID-19 vaccine to such patient.

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

BY THE GOVERNOR          

 

 

Secretary to the Governor

 
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