COVID-19 Effects on NY Court Closures, Filings, and Statutes of Limitations

Goodwin

In response to the continuing outbreak of COVID-19 in New York and across the nation, access to courthouses and courts’ availability to accept filings have been limited. This client alert summarizes the impact of COVID-19-related measures on court accessibility, filings, and statutes of limitations according to recent guidance issued by New York Governor Andrew Cuomo, federal courts sitting in New York, including the Southern and Eastern Districts of New York, and the Second Circuit Court of Appeals, and New York state courts, including the Commercial Division, New York County.

As a general matter, in addition to the changes highlighted in the jurisdiction-specific discussions below, Governor Cuomo issued an Executive Order on March 20, 2020 that suspends all statutes of limitation and filing deadlines until April 19, 2020, stating that:

In accordance with the directive of the Chief Judge of the State to limit court operations to essential matters during the pendency of the COVID-19 health crisis, 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, including but not limited to the criminal procedure law, the family court act, the civil practice law and rules, the court of claims act, the surrogate's court procedure act, and the uniform court acts, or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof, is hereby tolled from the date of this executive order until April 19, 2020.

NEW YORK STATE COURTS

  • According to a memorandum available on the New York State Unified Court System’s website, within New York City, most courthouses remain open; outside of New York city, all court operations have been localized to a single court in each county.
  • A list of those locations is linked here. Judges and staff in these courts are performing “essential functions,” which the memorandum defines as “court functions that cannot be postponed without serious consequences to the parties involved[,] . . . includ[ing], but [] not limited to”:
    • Supreme Court:mental hygiene applications, civil commitments and guardianships, and others as the court may allow.
    • Housing matters:essential applications such as landlord lockouts, serious coded violations, and repair orders, and others as the court may allow.
  • Under the memorandum’s guidance, all judges may determine that other individual matters are “essential.”
  • Chief Judge Janet DiFiore released a video message and accompanying transcript on March 23, 2020 announcing a temporary move to a “virtual court” model in the New York City Criminal Court, by March 25, 2020, and in the New York City Family Court, by March 26, 2020. All “essential” business in these two courts, including arraignments and emergency proceedings, will be conducted remotely by videoconference, telephone, and electronic filing. No judges, attorneys, litigants, or other personnel will be present in the courthouses.
  • An Administrative Order of the Chief Administrative Judge of the [New York] Courts, issued on March 22, 2020, prohibits all filings in the NY state courts—electronic or paper—except for enumerated essential matters, including criminal, family court and housing. Effectively, civil filings made electronically or in paper are prohibited except for “emergency applications related to the coronavirus” or other matters the “court deems essential.” The duration of the suspension is unclear at the moment.

SOUTHERN DISTRICT OF NEW YORK

  • Pursuant to a memorandum from Edward A. Friedland, the District Court Executive, issued on March 20, 2020, as of Monday, March 23, 2020, the Daniel Patrick Moynihan Courthouse (“DPM”) and Thurgood Marshall Courthouse (Manhattan) and Charles L. Brieant Courthouse (White Plains, “WP”) are open and operating in limited capacity in designated courtrooms.
  • New cases filed electronically will continue to be assigned to judges.
  • Sealed filings in civil and criminal matters can be left in the drop box located in the lobbies of the DPM and WP courthouses.
  • In-person criminal case operations are limited to new arrests, arraignments, bail appeals, and emergency matters.
  • Criminal appeals will be accepted in person in the DPM courthouse, and criminal appeals may be submitted in WP through the drop box in that courthouse location.
  • In-person civil case operations (Part I emergency civil part – staffed 8:30 AM – 4:00 PM, Monday - Friday) are limited to emergency matters, such as injunctions or temporary restraining orders. For emergency applications submitted in a case pending before the court, attorneys should file the application via ECF and call chambers and leave a voicemail alerting the Judge to the filing. If the emergency application is not associated with a pending case before the Court, attorneys should submit the application to the Court, along with contact information, through the drop box located in the lobbies of the DPM and WP courthouses, and to call the Clerk’s Office at (212) 805-0140 to alert the Clerk of Court to the filing.
  • Operations and deadlines in civil cases are to proceed at the discretion of the individual judge.
  • All civil and criminal jury trials scheduled to begin before April 27, 2020 have been continued pending further order from the Court.

EASTERN DISTRICT OF NEW YORK

  • Pursuant to an Administrative Order from Chief Judge Roslynn R. Mauskopf, issued on March 17, 2020, the United States Courthouses for the Eastern District in Brooklyn and Central Islip “remain open for business.”
  • In-person courthouse access is limited to certain categories of individuals, including: those ordered to appear by an EDNY judge, debtors, creditors and their attorneys who have case-related business before the Bankruptcy Court, defendants who are required to report to Pretrial Service or the Probation Department when directed by an officer, law enforcement personnel, credentialed courthouse press, family members of criminal defendants who are attending scheduled proceedings, victims and their family members who are attending scheduled proceedings, jurors in ongoing trials and grand jurors; and, and individuals with an interest in attending a scheduled criminal trial.
  • Pursuant to a March 16, 2020 Administrative Order issued by Judge Mauskopf, individual Judges “may continue to hold hearings, conferences, and bench trials in the exercise of their discretion, consistent with this order” though are“strongly encouraged to conduct court proceedings by telephone or video conferencing where practicable, and/or adjourn matters or deadlines, or stay litigation, where in-person meetings interviews, depositions, or travel would be necessary to prepare for any such proceedings.”
  • Initial appearances and arraignments shall “continue to take place in the ordinary course, or where practicable or necessary, be conducted remotely pursuant to procedures established by the Court. Detention and bail review proceedings shall be scheduled with the approval of the assigned District Judge or Duty Magistrate Judge.”
  • All civil and criminal jury trials scheduled to begin before April 27, 2020 have been continued pending further order from the Court.

SECOND CIRCUIT

  • Pursuant to an order from Chief Judge Robert A. Katzmann of the Second Circuit, issued on March 16, 2020 (“Order No. 1”), the Second Circuit remains “open to conduct the business for which the Court was established,” though individuals who do not have “business with the Court will not be admitted until further order of the Court.”
  • Pursuant to a separate order from Chief Judge Katzmann, also issued on March 16, 2020 (“Order No. 2”), all filing dates and other deadlines set out in the Federal Rules of Appellate Procedure, the Court’s Local Rules and the Court’s orders are extended or tolled, as may be appropriate, by 21 days,” effective March 16, 2020 through May 17, 2020.
  • Other provisions of note in Order No. 2 include:
    • A judge or panel, by order issued after March 13, 2020, may direct a filing date that is not within the scope of Order No. 2.
    • “With regard to brief filing dates in counseled civil cases, the automatic dismissal provision in the order that set the original filing date remains in effect.”
    • The due date for filing a notice of appeal, petition for review, or other document conferring jurisdiction on the Second Circuit is not affected by Order No. 2; “[t]he filing dates for those papers remain as stated in the statute or rule that confers jurisdiction.”
  • Per an announcement on the Second Circuit’s website, effective March 23, 2020, and until the COVID-19 crisis passes, the Second Circuit will hear all oral arguments, as scheduled, using a teleconference platform. Those who are scheduled to argue, including all lawyers and pro se litigants, must do so by teleconference.

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.

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
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  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
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  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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