Inam Rehman, manager of Jubilee Vape & Smoke Inc., displays a flavored vaping solution his store sells in New York. Photo: Bebeto Matthews/AP

New York's ban on the sale of flavored vaping products, also known as e-cigarettes, won't take effect Friday after a state appellate court granted a request from an industry group to delay implementation of the rule.

The Appellate Division, Third Department, in an order handed down Thursday, barred the state from enforcing the ban until a motion for a preliminary injunction is decided by a trial court judge.

That means the ban will be delayed for at least the next two weeks. A ruling on the motion for a preliminary injunction, which would halt the state's ban for even longer, isn't expected until Oct. 18 or later, according to filings.

The Vapor Technology Association, the industry group suing the state over its ban on the sale of flavored vaping products, cheered the ruling in a statement Thursday afternoon.

"We are very pleased with the New York State Appellate Division's decision, which acknowledges the strength of our claims about the state's executive overreach, and which preserves the ability of hundreds of small businesses to remain open and continue to serve their adult customers," said Tony Abboud, the group's executive director.

The group was represented by Richard De Palma, Eric Heyer and Joseph Smith from law firm Thompson Hine.

New York State Health Commissioner Howard Zucker was optimistic about the state's chances of having the group's motion for a preliminary injunction rejected in the coming weeks. He said in a statement that the state doesn't plan to back off its efforts to curb vaping in New York.

"It is undeniable that the vaping industry is using flavored e-cigarettes to get young people hooked on potentially dangerous and deadly products," Zucker said. "While the court's ruling temporarily delays our scheduled enforcement of this ban, it will not deter us from using every tool at our disposal to address this crisis."

The state promulgated the ban in response to a series of vaping-related illnesses that have been reported in recent weeks, which peaked above 100 cases in New York alone Wednesday, according to the Department of Health.

New York Gov. Andrew Cuomo, in response to those reports, moved to outlaw the sale of flavored vaping products. The Public Health and Health Planning Council, a state entity charged with promulgating emergency regulations concerning public health, later approved the ban.

That apparently did not sit well with store owners who sell flavored vaping products and individuals who said the flavors helped them quit smoking tobacco products. They also argued that the ban was misdirected because the illnesses were said to be linked to illegal cannabis vaping products.

The Vapor Technology Association was the first trade group to sue over the measure last week, after which it immediately sought a temporary restraining order to delay the ban's start date.

The organization has argued that a ban on the sale of flavored vaping products was outside the purview of the executive branch of state government, and would instead have to be done by the state Legislature. That very well could happen next year, lawmakers have suggested.

In the meantime, Albany County Supreme Court Justice Gerald Connolly decided to reject the group's request for a temporary restraining order. Cuomo celebrated the ruling at the time.

"Make no mistake: this is a fight for the very future of this state and for the health of all New Yorkers, and we will continue using every tool at our disposal to protect young people from forming dangerous lifelong habits," Cuomo said.

Attorneys for the Vapor Technology Association then moved for permission to appeal Connolly's decision on the temporary restraining order to the Third Department.

According to the appellate court's order, the state is "temporarily enjoined and prevented from enforcing" the ban on the sale of flavored vaping products until Connolly makes a decision on the preliminary injunction motion.

Both the state and the Vapor Technology Association are scheduled to file briefs on that motion in the coming weeks, with a decision expected shortly thereafter. If Connolly ultimately decides to reject the preliminary injunction, it's likely that decision will end up before the Third Department for review as well.

Associate Justices Christine Clark, Robert Mulvey, Eugene Devine and Stan Pritzker participated in the Third Department's order.