March 24, 2020

Gov. Cuomo Tolls Procedural Laws Including Statutes of Limitations

Muhammad Faridi, Michael Farinacci, Stephen Younger

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Patterson Belknap Webb & Tyler LLP

On March 20, 2020, in order to limit court operations in light of the evolving COVID-19 emergency, Governor Cuomo issued Executive Order 202.8. That order, among other things, tolls through April 19, 2020 “any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state[.]”[i]

For additional COVID-19 coverage, see our previous post discussing COVID-19’s effect on the Commercial Division.

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April 9, 2020 Update: On April 7, 2020, in further response to the COVID-19 pandemic, Governor Cuomo issued Executive Order 202.14, which, amongst other things, extends the tolling period contained Executive Order 202.8 from April 19, 2020 until May 7, 2020. [ii]

[i] NY Exec. Order No. 202.08 (Mar. 20, 2020), https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_202.8.pdf.

[ii] NY Exec. Order No. 202.14 (Apr. 7, 2020), https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_202.14_final.pdf.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.