As a further update to our earlier posts about COVID-19’s effect on the Commercial Division, the New York court system has expanded its virtual operations to include proceedings in nonessential matters, including pending commercial, trust and estates and tort cases, among others. Parties in such cases may now request that courts hold remote conferences by emailing a completed Conference Request Form to sfc-conferencerequest@nycourts.gov. Such conferences are typically bring held by Skype. The ban on filing new nonessential matters, however, remains in effect until further notice.
The Supreme Court, New York County-Civil Term has also created a Remote Conference Part (or “RCP”), which now schedules remote settlement conferences for cases that had previously been scheduled in the Administrative Coordinating Part (Part 40), the Judicial Mediation Part (J-Med), and the Early Settlement Parts. Parties who are selected for conferences in an RCP will receive a notice through NYSCEF notifying them that their case has been selected and asking that the relevant attorneys notify the Trial Support Office of their availability. Cases will then be scheduled for Skype or telephonic conferences before one of the judges who has volunteered to conference such cases.
Chief Judge Janet DiFiore recently reported that in the first week of the court system’s expanded virtual operations, more than 2,600 cases were disposed of or settled. In addition, the court system issued more than 1,400 written decisions on motions and other undecided matters during this period.
A chart that outlines the best remote contacts for many of the New York Commercial Divisions as of April 17, 2020 can be found below.
The Appellate Division, First Department, has also expanded its virtual operations and has resumed calendaring appeals and motions, scheduling pre-argument conferences, and admitting attorneys to the bar. In addition, the First Department has issued an order providing for two special terms: one in May, commencing on May 4, 2020 and ending on May 29, 2020, and one in June, commencing on June 1, 2020 and ending on June 26, 2020. Cases for the May Special Term will be calendared for each Wednesday and Thursday, and all calendared matters will be heard on submission or orally argued via Skype.
