GOVERNOR ANDREW M. CUOMO ISSUES EXECUTIVE ORDER CALLING FOR THE TEMPORARY SUSPENSION AND MODIFICATION OF STATUTORY PROVISIONS ESTABLISHING TIME LIMITATIONS ON ACTIONS AND TIME IN WHICH TO TAKE AN APPEAL

Litigation

On October 26, 2012, New York State Governor Andrew M. Cuomo issued Executive Order Number 47 declaring a disaster emergency in all 62 counties in the State of New York due to the impact of Hurricane Sandy.

Subsequently, on October 31, 2012, Governor Cuomo issued Executive Order Number 52 that, among other things, temporarily suspends and modifies certain statutory provisions under the New York Civil Practice Law and Rules (“CPLR”), as well as the Court of Claims Act, the Criminal Procedure Law (“CPL”), and the Family Court Act.  In relation to the time limitations for bringing a lawsuit, or taking an appeal, Executive Order Number 52 temporarily suspends (1) the deadline to bring a lawsuit if the statute of limitations for a claim was to expire during the immediate period following the Governor’s declaration of a disaster emergency (CPLR § 201); and (2) the deadline to take an appeal, cross-appeal or move for permission to appeal if such a deadline was to expire during the immediate period following the Governor’s declaration of a disaster emergency (CPLR § 5513; Court of Claims Act § 25).  Further, Executive Order Number 52 will remain in effect “until further notice.”

This Executive Order only pertains to those statutory provisions that a Court typically does not have jurisdiction to change or otherwise modify, which generally includes the time to commence an action and the time to appeal a decision or order of the Court.  As such, agreements amongst counsel, including, but not limited to, stipulations governing, for example, the time to answer or otherwise respond to a complaint, a discovery request, and motion practice are not covered by Executive Order Number 52.

Please consult us if you have any questions or concerns as to whether a claim you have, or that may arise in the near future, is affected by this Executive Order.  We will continue to provide further updates if any changes occur in this area of the law.

Executive Order Number 52 can be accessed here:  Suspension Of Time Limitations.

Posted by Jon A. Ward