Summary of Executive Order 202.57

Summary of Executive Order 202.57

8.21.2020

By Adriel Colón-Casiano

On August 20, 2020, Governor Andrew Cuomo issued Executive Order 202.57 invoking new powers from a law passed to combat the COVID-19 pandemic to temporarily suspend or modify laws necessary to assist or aid in coping with a declared State disaster emergency. On March 3, 2020, the Governor signed into law legislation that expanded his authority to temporarily suspend, modify, or issue directives in response to a declared State disaster emergency. That legislation also accompanied a $40 million appropriation to the Governor to respond to the COVID-19 pandemic.

The Governor continued the suspensions and modification of law and any directives made by Executive Order 202.53 which includes the continuation of certain suspensions or modifications and directives contained in Executive Order 202.22 through 202.26, Executive Order 202.32 through 202.35, and Executive Order 202.44 and 202.45. These continuations are set to expire September 19, 2020.

The Governor, however, did not continue the suspension and modification of § 28-66 of the Charter of the City of Buffalo or any extension of the period for paying property taxes without interest or penalties under the Real Property Tax Law § 925-a.

The Governor modified a directive from Executive Order 202.5 to allow the opening of bowling alleys subject to Department of Health guidance.

The Governor modified a directive from Executive Order 202.3 to allow a gym, fitness center, or class to open and operate no earlier than August 24, 2020, subject to Department of Health guidance.

The Governor modified a directive from Executive Order 202.48 to continue a prohibition on the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or foreclosure for nonpayment of a commercial mortgage through September 20, 2020.

The Governor modified a directive from Executive Order 202.53 to allow for low-risk indoor arts and cultural activities in New York City to occur no later than August 24, 2020, subject to Department of Health guidance.

Under the newly enacted law, the Governor has the power to suspend, modify, or issue directives during a declared emergency for 30 days which may be extended for an unlimited number of 30 day periods with consent of the legislature after each subsequent period. Unless the Governor elects to extend the suspension or directives, they will expire on September 19, 2020.