This applies to any such time limits “prescribed by any procedural laws” of New York, expressly including the civil practice law and rules (CPLR), criminal procedure law, the family court act, the court of claims act, the surrogate’s court procedure act and the uniform court acts, or “any other statute, local law, ordinance, order, rule, or regulation.” See Tolling Order. Governor Cuomo’s new executive order continues the suspension and tolling of any specific time limit for “the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding” for the period from Ma(the date of Tolling Order) through June 6, 2020. judges may now refer matters for alternative dispute resolution.notices of appeal may now also be filed electronically and. in pending cases, parties may now electronically file motions and applications (including post-judgment applications), as well as respond to previously filed motions.The new Memorandum maintains the moratorium on paper filings in all actions, and continues to prohibit the filing of new “non-essential” actions, but has allowed the following activities as of May 4, 2020: The Chief Administrative Judge, on April 13, 2020, had also encouraged trial courts in “non-essential” matters to begin holding conferences remotely. The Chief Administrative Judge’s prior guidance, issued on March 22, 2020, had essentially prohibited court filings (electronic and paper) in any matter not listed as an “essential matter” (the “Administrative Order”)-which generally excluded filings in commercial matters. We addressed the initial orders and guidance in a prior publication, “ New York Issues Important Orders Regarding Court Filings and Limitations Periods in Light of COVID-19 with Potentially Far-Reaching Consequences,” and we provide a summary and update here. On April 30, 2020, the Chief Administrative Judge of the New York State Courts issued a Memorandum lifting some of the prior restrictions put in place concerning court filings and other activities in New York State trial courts which had been put in place on March 22, 2020. On May 7, 2020, Governor Cuomo signed an executive order extending the tolling of most time limits under New York law-which was first enacted in the Governor’s March 20, 2020, order (the “Tolling Order”)-until June 6, 2020. In connection with the continued efforts of New York State and City to grapple with the COVID-19 pandemic, two recent orders have updated the emergency measures in place that impact pending and potential litigation in New York and possibly beyond. UPDATED NEW YORK ORDERS REGARDING COURT FILINGS AND LIMITATIONS PERIODS IN LIGHT OF COVID-19 CONTINUE TO IMPACT LITIGATION
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