Executive Order Suspending New York State Statutes of Limitations To Expire on December 25, 2012

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Updating our blog post from November 7, 2012, Governor Andrew Cuomo issued Executive Order 81 on November 20, 2012. Executive Order 81 states that “[t]he suspension of provisions of law ordered by Executive Order Number 52 shall continue through December 25, 2012[.]” The following types of time limitations were suspended by Executive Order 52, and are therefore affected by Executive Order 81:

  • The statute of limitations for any claim where the time to file such claim expired on October 26, 2012 or later;
  • Section 5513 of the CPLR, which governs the time within which appeals must be taken; and
  • “[A]ny other statute, local law, ordinance, order, rule or regulation or part thereof, establishing limitations of time for the filing or service of any legal action, notice or other process or proceeding that the courts lack authority to extend through the exercise of discretion.”

The suspensions have been in effect since October 26, 2012.

For further information, please contact Rob Friedman at 212.634.3058 or Rena Andoh at 212.634.3092.