By Craig Johnson

Good afternoon,

Remember my last e-mail alert, when I said, “I would not be surprised if Governor Cuomo issues an Executive Order over the weekend.”  Well, that was inaccurate.  The Governor did not bother to wait until the weekend.

Friday afternoon, Governor Andrew Cuomo issued his thirty-sixth Executive Order during this state of emergency.  Executive Order 202.35 issues a directive to address matters related to the COVID-19 crisis, specifically Phase Two of New York on PAUSE.  This Executive Order is effective from May 29, 2020 through June 28, 2020.   The copy of Executive Order 202.35 is here.

NEW DIRECTIVE

New York on PAUSE, Phase Two

  • Executive Order 202.35 specifically provides that Executive Order 202.34, which extended the provisions of Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13, 202.14, 202.28, and 202.31 which each closed or otherwise restricted public or private businesses or places of public accommodation, and Executive Order 202.32 as modified by Executive Order 202.33 which required postponement, cancellation, or restriction on size of all non-essential gatherings of more than ten individuals, and which together constitute New York On PAUSE, is hereby continued until and unless later amended or extended by a future Executive Order, provided, however
    • Effective at 1:00 p.m. on May 29, 2020, the reductions and restrictions on the in-person workforce at non-essential businesses or other entities shall no longer apply to Phase Two industries. Phase Two industries consist of:
      • Professional Services, Administrative Support, Information Technology;
      • Real estate services, Building and Property Management, Leasing, Rental, and Sales Services;
      • Retail In-store Shopping, Rental, Repair, and Cleaning;
      • Barbershops and Hair Salon (limited services); and
      • Motor Vehicle Leasing, Rental, and Sales.
    • Businesses or entities open pursuant to Department of Health guidance must be operated subject to the guidance promulgated by the Department of Health.
    • As of May 29, 2020, the regions meeting the prescribed public health and safety metrics required for Phase Two reopening are: Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country. Any additional regions which meet the criteria May 29, 2020 will be deemed to be incorporated into this Executive Order without further revision and will be permitted to re-open Phase two industries, subject to the same terms and conditions.

The specific public health guidelines and requirements for businesses in Phase Two industries can be found here.  If you have any questions about the guidelines, please do not hesitate to contact me.

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.

Once again, enjoy the upcoming weekend.

Stay safe!

Craig