In an effort to help reduce the spread of coronavirus in New York and to protect judges, court staff, attorneys, litigants, and the public, Governor Andrew Cuomo and the Chief Administrative Judge of the New York Courts have issued important orders that severely limit court operations to certain essential functions, as well as extend filing deadlines and alter other important dates and deadlines in ongoing cases.
Executive Order 202.8 and Filing Deadlines
On March 20, 2020, Governor Cuomo issued
Executive Order 202.8, which operates to stay all statutes of limitations and all other filing deadlines for any action in New York state courts for a period of 30 days, up to and including April 19, 2020. The Order also notably
suspends requirements under the New York Business Corporation Law requiring notice of shareholder meetings and requiring meetings to be held in one physical location; and
authorizes the abatement of interest for 60 days for taxpayers required to file returns and remit sales and use taxes by March 20, 2020 for the sales tax quarter ending February 29, 2020.
Administrative Order 78/20 and Non-Essential Filings
Consistent with and building upon Governor Cuomo’s Executive Order, on March 22, 2020, the Chief Administrative Judge of the New York Courts issued
Administrative Order 78/20. Pursuant to this Order, county and court clerks will not accept any non-essential filing until further notice. A list of filings related to a limited set of “Essential Matters” that the county and court clerks may accept is attached to and incorporated in the Order. This includes certain criminal filings, emergency applications in Family Court, emergency mental health-related applications, temporary orders of protection, serious housing code violations, and applications seeking post-eviction relief. However, because of Executive Order 202.8, this temporary restriction will not adversely impact any legal rights or the ability to pursue any remedies in New York courts.
Administrative Order 71/20 and Discovery Deadlines
On March 19, 2020, the Chief Administrative Judge of the New York Courts issued
Administrative Order 71/20, which provides that parties unable to meet a discovery deadline for COVID-19-related reasons may agree to postpone those discovery deadlines by 90 days. It also provides that, if the parties cannot agree to postpone discovery deadlines, they will automatically be postponed until the court is able to review the dispute. Finally, the Order stipulates that parties will not be penalized for failing to comply with their discovery obligations due to COVID-19 related reasons.
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