On April 9, 2020, New York Gov. Andrew Cuomo issued Executive Order No. 202.15 (the “Executive Order”), which dealt with, among many other issues, public hearings to be held by a local or state official, local government or school district (hereinafter known as the “Public Officials”).

The Executive Order addressed a gap under Executive Order 202.1 (which, among other things, authorized the conduct of public meetings under the Open Meetings Law on a remote basis) and directed that public officials who have already scheduled public hearings for April or May 2020 or are required under New York law to hold a public hearing during April or May 2020 shall postpone those public hearings, without prejudice, until June 1, 2020.

However, if the public officials have the capabilities to hold the public hearings remotely, through the use of telephone conference, video conference, or other similar services, the public officials may hold the public hearing remotely on its scheduled date.