Cease and desist

| 20 Sep 2020 | 07:46

    The following order by Orange County Health Commissioner Irina Gelman was issued Thursday, Sept. 17, to David Eckstein, president of Congregation Yetev Vev D’Satmar of Kiryas Joel, 12 Garfield Road, Kiryas Joel:

    Dear Congregation President and Members:

    Orange County continues to see a high prevalence of COVID-19 in the community with more than 11,710 total cases diagnosed as of September 16, 2020, according to state data. Persons who are infected with or exposed to persons infected with COVID-19 pose an imminent and significant threat to public health and safety.

    It has come to our attention that your congregation is operating without maintaining appropriate social distancing or the wearing of face coverings in violation of Governor Andrew Cuomo’s Executive Orders and is operating in a way which endangers those inside the Congregation and those they come in contact with.Reference is made to all the Executive Orders of Hon. Andrew M. Cuomo, Governor of the State of New York.

    Your attention is particularly directed to Executive Order 202.17, effective as of 8 p.m. April 17, 2020, which requires any individual who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining, social distance.

    The Orange County Health Department has received reports of a mass gathering within the above addressed premises.

    You and all Congregants are directed to take any steps necessary to ensure that no more than 50 percent of the posted limit for the above addressed location, including maximum posted limits in any given room is not exceeded.

    You and all Congregants are directed and ordered to take steps to comply with the Governor’s Executive Order 202.17 as amended from time to time with respect to wearing of face coverings.

    Pursuant to Executive Order 202.14 and Public Health Law Section 12b (2) willful violation of the Governor’s Executive Orders may subject you to criminal prosecution.

    Additionally, a person is guilty of the crime of Criminal Nuisance in the Second Degree (Penal Law 240.45) when by conduct either unlawful in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons.

    For the safety and welfare of you and your congregants, the greater community, and to avoid subjecting yourselves to possible criminal charges you are hereby directed to comply with the strictures of the law and the Governor’s Executive Orders.

    You are directed to immediately comply with the governor’s executive orders.

    Irina Gelman, DPM, MPH, PHDc

    Commissioner of Health

    County of Orange