Good evening,

Given the events that are going on around the United States, I truly hope that this e-mail finds you and your families healthy and safe.

Tuesday afternoon, Governor Andrew Cuomo issued his thirty-seventh Executive Order during this state of emergency.  As with all previous Executive Orders, Executive Order 202.36 modifies or suspends certain New York statutes, laws, codes, rules and regulations, as well as sets forth certain directives, all of which are designed to address matters related to the COVID-19 crisis.  In this instance, Executive Order 202.36, among other things, extends the due dates for the payment of certain forms of taxes in several locales across New York State and allows for the return of certain types of businesses and activities in NY On Pause.  Executive Order 202.36 is effective from June 2, 2020 through July 2, 2020.  A copy of Executive Order 202.36 can be found here.

NEW DIRECTIVES

Start Your Engines!  Auto Racing is Back…Sort of

  • Executive Order 202.32 provided for the reopening of horseracing racetracks as of June 1, 2020, provided such racetrack does not permit any visitor or fan into the facility, and allows on site only essential personnel. Executive Order 202.36 modifies this Executive Order to extend this period to July 2, 2020 and to allow any operator of an auto racetrack to operate beginning June 3, 2020, pursuant to Health Department guidance for such operation.  Similar to the horse racing provisions, auto racetracks shall allow only essential personnel or participants to be on site, and does not permit any visitor or spectator into the facility or on premise.

Get a Haircut… But only in Phase Two Regions.

  • Executive Order 202.7 contained a directive that required the closure of all barbershops, hair salons, tattoo or piercing parlors and related personal care services members of the public. Executive Order 202.36 modifies that Executive Order to allow for the opening of barbershops and hair salons, only to the extent and in regions consistent with Department of Health guidance promulgated for Phase Two industries reopening.  As of today, you can get a haircut in counties within the Finger Lakes, North Country, Mohawk Valley,  Central New York and the Southern Tier regions.  As of tomorrow, you can get one in the counties in the Western New York and Capitol Region areas.

More Activities Permitted Under NY On PAUSE

  • Executive Order 202.36 modifies Executive Order 202.35, which amended prior Executive Orders with respect to NY On Pause, to provide that any region that meets the prescribed public health and safety metrics as determined by the Department of Health for Phase One reopening may allow outdoor, low-risk recreational activities and businesses providing such activities, as determined by Empire State Development Corporation, to be permitted to operate, in accordance with Department of Health guidance.

SUPENDED OR MODIFIED LAWS, REGULATIONS AND CODES

As with all prior executive orders, Executive Order 202.36 also suspends or modifies certain laws, codes, rules and regulations to aid in New York’s efforts to combat the COVID-19 crisis this time through July 2, 2020.  The laws and regulations modified or suspended under Executive Order 202.36, by modifying or suspending the applicable laws, codes, rules and regulations, to the extent necessary:

  • Allows a questionnaire administered through an asynchronous electronic interface or electronic mail that is approved by a physician licensed in the State of New York to be sufficient to establish a practitioner-patient relationship for purposes of ordering a clinical laboratory test.

In addition to this suspension and/or modification of laws and regulations, Executive Order 202.36 also extends by twenty-one (21) days the period for paying, without interest or penalty, property taxes that are due in the following New York localities:

Village of Angola, Erie County;

Village of Babylon, Suffolk County;

Village of Bellport, Suffolk County;

Village of Brockport, Monroe County;

Village of Brookville, Nassau County;

Village of Buchanan, Westchester County;

Village of Clayton, Jefferson County;

Village of Depew, Erie County;

Village of East Hills, Nassau County;

Village of Endicott, Broome County;

Village of Farmingdale, Nassau County;

Village of Fayetteville, Onondaga County;

Village of Greenport, Suffolk County;

Village of Groton, Tompkins County;

Village of Hempstead, Nassau County;

Village of Homer, Cortland County;

Village of Hudson Falls, Washington County;

Village of Island Park, Nassau County;

Village of Kensington, Nassau County;

Village of Laurel Hollow, Nassau County;

Village of Monroe, Orange County;

Village of Munsey Park, Nassau County;

Village of Nyack, Rockland County;

Village of Ocean Beach, Suffolk County;

Village of Otisville, Orange County;

Village of Patchogue; Suffolk County;

City of Peekskill, Westchester County;

Village of Red Hook, Dutchess County;

Village of Rhinebeck, Dutchess County;

City of Saratoga Springs, Saratoga County;

Village of Scarsdale, Westchester County;

Village of South Floral Park, Nassau County;

Village of Stamford, Delaware County;

Village of Stewart Manor, Nassau County;

Village of Sylvan Beach, Oneida County;

Village of Watkins Glen, Schuyler County;

Village of Wellsville, Allegany County

Executive Order 202.36 also retroactively extends by twenty-one days the period for paying without interest or penalty the property taxes that were due by April 1, 2020, in the Village of Thomaston, Nassau County.

Long Point Advisors remains vigilant during this crisis, working continuously to ensure that you are protected in these uncertain times.  As always, Long Point Advisors is a steady conduit to New York government officials, both state and local, on matters that are crucial to your business.  A copy of this alert and all previous alerts can be found on my website at www.longpointadvisors.com.  Feel free to pass along this e-mail and if you know anyone who wants to be added, please let me know.  And again, if you wish to be removed from my e-mail list, please let me know.

Please stay healthy and safe!

Craig