By
Associated Press
A New York judge struck down the state's mask mandate on Monday, after it was reinstated by Gov. Kathy Hochul over concerns about rising coronavirus cases over the winter.
State Supreme Court Justice Thomas Rademaker argued in his decision that the State Department of Health did not have the legal authority to enforce the mandate, and that it was up to the State Legislature to do so if necessary.
[Free N95 masks offered by the Government begin to arrive at pharmacies and stores in the country]
The mandate "is a law that was illegally enacted and decreed by a state agency of the executive branch, and therefore is null and void," the judge said.
The 400 million masks promised by Joe Biden are already arriving at pharmacies
Jan. 25, 202200:22
The state had initially instituted a mask mandate in April 2020 ending in June 2021 for vaccinated individuals.
Hochul announced in mid-December that it would go back into effect for at least a month.
Earlier this month, the state Department of Health clarified that the mandate would be in effect until February 1.
In a statement, Hochul said, “My responsibility as Governor is to protect New Yorkers during this public health crisis, and these measures help prevent the spread of COVID-19 and save lives.
We strongly disagree with this ruling, and are seeking all options to reverse it immediately."
[Why Biden's Plan to Provide Free COVID-19 Testing Doesn't Easily Reach the Most Vulnerable]
The ruling comes at a time when the wave of the omicron variant of COVID-19 that has gripped New York state appears to be receding.
The state recorded an average of 23,400 new cases of the virus a day in the 7-day period ending Sunday
, down from 74,600 a day during the peak of the wave in early January.
Hospitalizations are also declining, down 17% statewide in the last 7 days.