Kathy Hochul

New York’s mask mandate will remain in place for now after a judge issued a stay Tuesday afternoon of Monday’s ruling that the mandate was unconstitutional.

Justice Robert Miller of the Appellate Division of New York State Supreme Court issued the stay hours after hearing oral arguments.

Attorney General Letitia James issued a statement saying, “Nearly three years into the COVID-19 pandemic, we know that wearing a mask saves lives. This mandate and today’s decision are critical in helping to stop the spread of this virus and protect individuals young and old. We will continue to do everything in our power to prioritize the health and wellbeing of all New Yorkers.”

Governor Kathy Hochul released a statement late Tuesday praising the decision; “I applaud the Appellate Division, Second Department for siding with common sense and granting an interim stay to keep the state’s important masking regulations in place.”

On Monday, a judge in Nassau County ruled that Hochul’s mask mandate cannot be enforced, in schools, businesses or elsewhere, because she did not have the authority to enact it.

James filed a Notice of Appeal late Monday.

State Senator George Borrello issued a statement Tuesday, before the stay was enacted, saying, “From the very beginning of the COVID crisis, I have been among the leading voices in opposition to the unconstitutional mandates emanating from the Executive Branch. This pandemic has been used by those in leadership to suspend the separation of powers, which is a dangerous precedent and one that has been appropriately challenged in the courts.”

“Accordingly, the ruling by a Long Island Supreme Court Justice that the state’s latest mask mandate was ‘promulgated and enacted unlawfully by an Executive branch state agency’ is welcome confirmation of my position and should send a loud and clear message to the Governor that lawmaking by edict must stop.”

Th U.S. Attorney’s Office in Buffalo says 51 year old Richard Miller of Forestville pleaded guilty this week to receipt and possession of child pornography.  Charges remain pending against Joseph Harvey, also of Forestville.

Assistant U.S. Attorney Jonathan Cantil, who is handling the case, stated that between 2006 and 2009, Miller produced child pornography by filming himself engaged in a sexual act with a minor. Between January 2016 and March 2017, Miller and co-defendant Harvey exchanged images of child pornography and engaged in illicit discussion regarding child pornography and pedophilia. In addition, a search of the residence shared by the defendants revealed multiple electronic devices that contained child pornography.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The charges carry a minimum penalty of five years in prison, a maximum penalty of 40 years, and a $500,000 fine. Miller will be sentenced in August.