As New York State and the rest of the world continue to manage the effects of the COVID-19 pandemic, altering life as we knew it, there is a glimmer of hope that this pandemic will be sufficiently remediated to permit the economy to restart within the foreseeable future. New York State has been especially hit hard by the virus and state and local governments have taken drastic action to reduce transmission of the virus. Fortunately, the New York Court System is currently attempting to get back to some semblance of the way it was prior to COVID-19.

In March, 2020, the Chief Administrative Judge of the State of New York, the Honorable Lawrence K. Marks, issued a series of administrative orders essentially staying all court proceedings in New York State. This effectively shut down the New York State Court System with the exception of essential and emergent matters (which do not include Commercial Division cases). However, many businesses have continued to carry out their operations remotely. Fortunately, New York State is now slowly opening up the court system for non-essential matters, in what has been deemed a "virtual" court system; counsel will make court "appearances" via Skype for Business. This is a very important step toward getting the court system fully functional again. However, the virtual court system, while helpful, will likely not be sufficient to address the backlog of cases caused by the shutdown of the court system for almost a month, leaving lawyers and their clients with limited recourse to litigate or resolve their disputes. As a result, the courts, in conjunction with counsel, must find effective ways to reduce the backlog of cases. An effective tool to assist with this process is the appointment of a Special Referee or Special Discovery Master.