TGIF! Thursday evening, Governor Andrew Cuomo posted his fifty-ninth Executive Order during this state of emergency. Executive Order 202.57, issued on August 20, 2020, continues the suspensions and modifications of law, and any directives, not superseded by a subsequent order contained in Executive Order 202.53, which includes continuation of certain suspensions, modifications and directives contained in Executive Orders 202.22 through 202.26 (see here), 202.32 (here), 202.33 (here), 202.34 (here), 202.35 (here), 202.44 (here), and 202.45 (here), through September 19, 2020. Executive Order 202.57, however, neither continues the suspension of section 28-66 of the Charter of the City of Buffalo nor further extends the period for paying property taxes without interest or penalties pursuant to Real Property Tax Law Section 925-a. In addition, Executive Order 202.57 sets forth certain directives, all of which are designed to address matters related to the COVID-19 crisis. Executive Order 202.57 is effective from August 20, 2020 through September 19, 2020. A copy of Executive Order 202.57 can be found here.
Break out the bowling shoes and spandex
- Executive Order 202.57 continues to loosen the restrictive measures put into place by Governor Cuomo at the height of the COVID-19 crisis in March 2020. To that end, Executive Order 202.57 modifies the directive contained in Executive Order 202.5, as extended, that required closure to the public of all places of public amusement, insofar as to allow bowling alleys to open as of August 17, 2020 subject to adherence to Department of Health issued guidance.
- Furthermore, the directive contained in Executive Order 202.3, as extended, that required any gym, fitness center or classes, to cease operation, is modified by Executive Order 202.57 only insofar as to allow a gym, fitness center or class, to operate subject to adherence to Department of Health issued guidance; and provided further, that such operations may begin no earlier than August 24, 2020, or may be postponed by the local chief executive only consistent with Department of Health issued guidance.
Or, if you are too lazy, go the MOMA
- Although all regions of New York State are now in Phase 4 reopening, certain activities permitted under Phase 4 have not been allowed in New York City. For instance, indoor dining is still not permitted in New York City. Similarly, museums and other indoor cultural arts locations have also remained closed despite the Phase 4 status. Under Executive Order 202.57, however, the directive contained in Executive Order 202.53 that allowed the New York City region to enter Phase 4 of the State’s reopening is hereby modified to allow for low-risk indoor arts and cultural activities to open, as of August 24, 2020, subject to adherence to the Department of Health issued guidance.
Commercial Eviction/Foreclosure Moratorium Extended
- Finally, Executive Order 202.57 continues the directive contained in Executive Order 202.48, which modified the directive in Executive Order in 202.28 that prohibited the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage through September 20, 2020.