The New York Supreme Court has ruled that Andrew Cuomo’s unelected replacement Kathy Hochul acted unconstitutionally in instituting her mask mandate. Judge Rademaker, out of Nassau County, struck down the mask mandate Monday, according to local news WHEC.

Rademaker wrote that the governor does not have the authority for such a mandate and that enacting such a law is “entrusted solely to the State Legislature.”

Hochul announced the mask mandate in December as Omicron cases swept through the state. At the time she said: “I share New Yorkers’ frustration that we are not past this pandemic, but the winter surge is here and we must take action. Starting Monday through January 15, businesses will have the option to implement either a vaccine or mask requirement.”

Rademaker has just ruled that she did not have the authority for such a proclamation.