New York Complaint

New York State Memo of Law in Opposition to Plaintiffs’ Preliminary Injunction

• Declaration of Johanne E. Morne, Deputy Director for Community Health for NYSDOH, in Support of State Defendants’ Opposition to Preliminary Injunction 

• Exhibit A: 61-1 Repeal of 66-3, replace with Section 2.60 [10 NYCRR]

• Exhibit B: 61-1 COVID-19 Updates (dated June 7, 2021): Governor Cuomo Announces School Districts Can Allow Students to Remove Masks Outdoors

• Exhibit C: 61-1 COVID-19 Updates (dated June 15, 2021): Governor Cuomo Announces COVID-19 Restrictions Lifted as 70% of Adult New Yorkers Have Received First Dose of COVID-19 Vaccine

• Exhibit D: 61-1 COVID-19 Vaccines (dated September 11, 2021): Governor Cuomo Announces New York Ending COVID-19 State Disaster Emergency on June 24

• Exhibit E: 61-1 COVID-19 Vaccines (dated August 5, 2021): Statement from New York State Department of Health Commissioner Dr. Howard Zucker

• Exhibit F: 61-1 State Education Department Issues Health and Safety Guide to Reopen New York State Schools (dated August 12, 2021)

• Exhibit G: 61-1 NYSED: Health and Safety Guide for the 2021-2022 School Year (Aug 2021)

• Exhibit H: 61-1 On First Daye in Office, Governor Hochul Announces Comprehensive Plan to Help Ensure a Safe, Productive Return to Schools This Fall (dated Aug. 24, 2021)

• Exhibit I: 61-1 NYS DOH: Commissioner’s Determination on Indoor Masking Pursuant to 10 NYCRR 2.60 (Aug. 27, 2021)

• Exhibit J: 61-1 NYS DOH: Interim Guidance for Classroom Instruction in P-12 Schools During the 2021-2022 Academic Year (dated Sept. 2, 2021)

• Exhibit K: 61-1 Governor Hochul Announces Series of Universal Requirements to Protect New Yorkers amid Rise of Delta Variant (Sept. 15, 2021)

• Exhibit L: 61-1 CDC: Emerging SARS-CoV-2 Variants (updated Jan. 3, 2021)

• Exhibit M: 61-1 CDC: Delta Variant: What We Know About the Science (updated Aug. 26, 2021)

• Exhibit N: 61-1 Morbidity and Mortality Weekly Report: Hospitalizations Associated with COVID-19 Among Children and Adolescents  – COVID NET, 14 States, March 1, 2020–August 14, 2021, Miranda J. Delahoy, PhD, et al. (dated Sept. 10, 2021)

• Exhibit O: 61-1 Morbidity and Mortality Weekly Report: Trends in COVID-19 Cases, Emergency Department Visits, and Hospital Admissions Among Children and Adolescents Aged 0-17 Years–United States, August 2020-August 2021, David A. Siegel, MD, et al (dated Sept. 10, 2021)

• Exhibit P: 61-2 Children’s Hospital Association & AAP: Children and COVID-19: State Data Report (dated Sept. 2, 2021) [**No NYS Data collected**]

• Exhibit Q: 61-2 Children’s Hospital Association & AAP: Children and COVID-19: State Data Report (dated Sept. 9, 2021) [**No NYS Data collected**]

• Exhibit R: 61-2 FDA News Release: FDA Authorizes Pfizer-BioNTech COVID-19 Vaccine for Emergency Use in Children 5 through 11 Years of Age (dated Oct. 29, 2021)

• Exhibit S: 61-3 ARTICLE: ‘Every case except one was delta’: UB scientists urge vaccines, masking as delta variant rages, Nick Veronica (Aug. 13, 2021)

• Exhibit T: 61-3 CDC: Delta variant: What We Know About the Science (updated Aug. 26, 2021)

• Exhibit U: 61-3 CDC: Science Brief: COVID-19 Vaccines and Vaccination (updated Sept. 15, 2021)

• Exhibit V: 61-4 CDC: SARS-CoV-2 Variant Classifications and Definitions (updated Sept. 11, 2021)

• Exhibit W: 61-4 WHO: Transmission of SARS-CoV-2: implications for infection prevention precautions (Mar. 29, 2020)

• Exhibit X: 61-4 WHO: Coronavirus disease (COVID-19): How is it transmitted? (updated Oct. 20, 2020)

• Exhibit Y: 61-4 CDC Updates “How COVID is Spread” Webpage (Oct. 5, 2020)

• Exhibit Z: 61-4 CDC: Scientific Brief: SARS-CoV-2 Transmission (updated May 7, 2021)

• Exhibit AA: 61-5 CDC: Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) (updated Feb. 12, 2021)

• Exhibit BB: 61-5 CDC: Guidance for COVID-19 Prevention in K-12 Schools (dated Aug. 5, 2021)

• Exhibit CC: 61-5 Proceedings of the National Academy of Sciences of the United States of America: RESEARCH ARTICLE: Identifying airborne transmission as the dominant route for the Spread of COVID-19, Renyi Zhang, et al. (June 30, 2020) 

• Exhibit DD: 61-5 OPINION ARTICLE: The Hill: Mask Mandates are constitutionally permissible, by Shelley Cavalieri, et al. (date unknown)

• Exhibit EE: 61-5 (Unsigned) Letter from U.S. Food & Drug Administration (FDA), Re: Manufacturers of Face Masks; Health Care Personnel; Hospital Purchasing Departments and Distributors; and Any Other Stakeholders (dated Apr. 24, 2020)

• Exhibit FF: 61-5 Annals of Internal Medicine: Effectiveness of Adding a Mask Recommendation to Other Public Health Measures to Prevent SARS-CoV-2 Infection in Danish Mask Wearers, Henning Bundgaard, DMSc, et al (April & May 2020)

• Exhibit GG: 61-5 The New England Journal of Medicine: SARS-CoV-s Transmission among Marine Recruits during Quarantine (dated Dec. 17, 2020), A.G. Letizia I. Ramos, et al.

• Exhibit HH: 61-5 WHO: Advice on the use of masks in the context of COVID-19, Interim guidance (dated June 5, 2020)

• Exhibit II: 61-5 WHO: Coronavirus Disease (COVID-19) advice for the public: when and how to use masks (updated Dec. 1, 2020)

• Exhibit JJ: 61-5 Coronavirus disease (COVID-19): Children and Masks (dated Aug 21, 2020)

• Exhibit KK: 61-5 CDC: Scientific Brief: Community Use of Cloth Masks to Control the Spread of SARS-CoV-2 (updated Nov. 20, 2020)

• Exhibit LL: 61-5 An evidence review of face masks against COVID-19, Jeremy Howard, et al (Dec. 5, 2020)

• Exhibit MM: 61-5 USA Today ARTICLE: Fact check: Dr. Anthony Fauci did not say masks contributed to Spanish flu deaths, Miriam Fauzia (dated Nov. 12, 2020)

• Exhibit NN: 61-5 ARTICLE: Experts Sets Straight 5 Common Face Mask Myths (SOURCE UNKNOWN) by UnityPointHealth (dated Aug. 29, 2021)

• Exhibit OO: 61-6 ACTA PAEDIATRICA Mini Review: The impact of face masks on children–A mini review, Martin Eberhart, et al (dated Dec. 9, 2020)

• Exhibit PP: 61-6 JAMA Network: Original Investigation: Assessment of Respiratory Function in Infants and Young Children Wearing Face Masks During the COVID-19 Pandemic, Riccardo Lubrano, MD, et al. (Mar. 2, 2021)

• Exhibit QQ: 61-6 CDC: Guidance for COVID-19 Prevention in K-12 Schools (updated Aug. 5, 2021)

• Exhibit RR:  61-6 CDC: Guidance for Wearing Masks (updated Apr. 19, 2021)

• Exhibit SS: 61-6 NYS Publication: Reopening New York: Guidelines for In-Person Instruction at Pre-K to Grade 12 Schools (date unknown)

• Exhibit TT: 61-6 NYS DOH: Interim Guidance for In-Person Instruction at Pre-K to Grade 12 Schools During the COVID-19 Public Health Emergency (as of June 7, 2021)

• Exhibit UU:  61-6 CDC: Help Stop the Spread of COVID-19 in Children (updated Sept. 17, 2020)

• Exhibit VV:  61-6 CDC: Summary of Recent Changes (updates as of Dec. 18, 2020)

• Exhibit WW: 61-6 CDC: Science Brief: Transmission of SARS-CoV-2 in K-12 Schools (updated Mar. 19, 2021)

• Exhibit XX: 61-6 UNICEF: COVID-19 and School Closure: One Year of Education Disruption (date unknown)

• Exhibit YY: 61-6 UNICEF: Considerations for school-related public health measures in the context of COVID-19 (dated Sept. 14, 2020)

• Exhibit ZZ:  61-6 American Academy of Pediatrics: COVID-19 Guidance for Safe Schools (updated July 2021)

• Exhibit AAA: 61-7 The ABC Science Collaborative (North Carolina’s Plan A) (date unknown)

• Exhibit BBB: 61-7 Pediatrics Journal: Incidence and Secondary Transmission of SARS-CoV-2 Infections in Schools, Kanecia O. Zimmerman, MD, et al. (Jan. 5, 2021)

• Exhibit CCC: 61-7 The ABC Science Collaborative, Re: “The Reopen Our Schools Act of 2021” (S.L. 2021-4) (dated June 30, 2021)

• Exhibit DDD: 61-7 CDC: Corrected Report, Rebecca B. Hershow, PhD, et al. (dated Mar. 26, 2021)

• Exhibit EEE: 61-7 Mortality and Morbidity Weekly Report: Pilot Investigation of SARS-CoV-2 Secondary Transmission in Kindergarten Through Grade 12 Schools Implementing Mitigation Strategies–St. Louis County and County of Springfield, Missouri, December 2020. Patrick Dawson, PhD, et al. (March 19, 2021)

• Exhibit FFF: 61-7 Mortality and Morbidity Weekly Report: Mask Use and Ventilation Improvements to Reduce COVID-19 Incidence in Elementary Schools–Georgia, November 16–December 11, 2020. Jenna Gettings, DVM, et al. (May 21, 2021)

• Exhibit GGG: 61-7 Mortality and Morbidity Weekly Report: COVID-19 Cases and Transmission in 17 K-12 Schools–Wood County, Wisconsin, August 31–November 29, 2020. Amy Falk, MD, et al. (Jan. 26, 2021)

• Exhibit HHH: 61-7 Journal of the Pediatric Infectious Diseases Society: SARS-CoV-2 Incidence and Transmission in 48 K-12 Virginia Public Schools During Community Surge. Leah C. Rowland, et al (Mar. 18, 2021)

• Exhibit III: 61-7 SARS-CoV-2 Acquisition and Immune Pathogenesis Among School-Aged Learners in Four Diverse Schools. Dan M. Cooper, et al. (dated June 17, 2021)

• Exhibit JJJ: 61-7 Mortality and Morbidity Weekly Report: Association Between K-12 School Mask Policies and School Associated COVID-19 Outbreaks–Maricopa and Pima Counties, Arizona, July-August 2021. Megan John, PhD, et al. (Sept. 24, 2021)

• Exhibit KKK: 61-7 Mortality and Morbidity Weekly Report: Pediatric COVID-19 Cases in Counties With and Without School Mask Requirements–United States, July 1 –  September 4, 2021 (dated Sept. 24, 2021) Samantha E. Budzyn, MPH, et al. 

• Exhibit LLL: 61-7 ARTICLE: Today.com: State-by-State guide to school face mask mandates. Kait Hanson (Aug. 10, 2021)

• Declaration of Jaclyn Saffir, Assistant Attorney General, in Support of State Defendants’ Opposition to Preliminary Injunction 

• Exhibit A: M.F. v. Cuomo, et al: Order [Albany County, 607277-21] (dated June 21, 202