New York Governor Cuomo Issues Executive Order Extending Statute of Limitations
Updated: Mar 27, 2020
On March 20, 2020, New York Governor Andrew Cuomo announced his 10-Point Policy that Assures Uniform Safety for Everyone (PAUSE). The directive includes that all non-essential businesses statewide must close in-office personnel functions effective at 8PM on Sunday, March 22, and temporarily bans all non-essential gatherings of individuals of any size for any reason. When in public individuals must practice social distancing of at least six feet from others. Additionally, the Governor signed Executive Order 202.8, which temporarily suspended statute of limitations, service, and other legal time periods through April 19, 2020.
Relative to the statute of limitations, the order specifically provides 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.
This order means that those up against a deadline to initiate an action now have an extension of time through and including April 19, 2020. Moreover, the order clarifies that there shall be no enforcement of an eviction or foreclosure proceeding against any resident or commercial tenant for a period of 90 days.
NYS lawmakers continue to respond as the COVID-19 crisis changes the way we work and live.
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