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Regarding the Continuing Suspension and Modifications of Laws

Late in the afternoon on the Friday before Labor Day, Governor Cuomo issued Executive Order (EO) 202.60 below in bullet point format are some of the highlights that affect the firm’s clients. The EO has been extended up to and including October 4, 2020. 

Suspension of Laws

Civil Statutes

  • All Civil Statutes of Limitations in the Civil Practice Laws & Rules (CPLR), with the limited exception of certain actions against municipalities and public authorities related to construction projects.
  • All deadlines in the CPLR including the time to answer, the time to make a motion, the time to serve a summons and complaint. That means for all lawsuits served right before or during the disaster emergency, you still can’t enter a default judgment.
  • All deadlines in the Family Court Act.
  • All deadlines in the Surrogates Court Procedure Act.

Criminal Statutes

  • Statutory speedy trial (Criminal Procedure Law 30.30) is no longer suspended in places where criminal court jury trials have started.
  • Criminal Procedure Law 170.70 is no longer suspended – this is provision of the law where a criminal defendant is in custody of the sheriff on a misdemeanor complaint that has not yet been converted to a misdemeanor information.

Modification of Laws

  • Virtual notary is still continued – this has been very helpful to our firm. The ability to sign documents remotely with audio-visual technology has been a huge boost to our efficiency. 
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