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New York City is in phase 3. Although Governor Cuomo extended the provision tolling the Statute of Limitations until August 5th, our Litigation/Appellate Department continues to write motions and appeals as if there is no “pause” and when the stay is lifted, we will be ready to “press the button” for you.
Pursuant to an announcement on July 20th by Chief Judge DiFiore, courthouses across the State are beginning to gradually transition back to in-person operations, highlighted by a bench trial in a murder case in Nassau County that started last week and several other trials, suspended in March, that are now resuming. All courts outside New York City have entered phase 4. In phase 4, Judges and staff are hearing an increased number of in-person matters that are being staggered in order to limit courthouse and courtroom occupancy to safe and manageable levels. On July 13th, Grand Jurors reported for service and are being empaneled in every judicial district outside the City.
In an important step to reduce the large number of people who come to the courthouses to file papers in person, the Courts introduced the NYSCEF e-filing system to the NYC Housing Court, and by August 10th, the Court will introduce e-filing to the Kings County Housing Court.
New York City Courthouses entered phase 3 on July 8th, marking a modest increase in courthouse staffing levels and matters that may be heard in person including: limited criminal cases, essential family court proceedings, and a limited number of bench trials. Grand Jury proceedings are set to commence in New York City on August 10th.
Due to the recent uptick in Covid-19 cases around the country, the Courts extended COVID screening protocols to all judges and nonjudicial personnel on July 15tt. The screening involves temperature screening upon arrival to the workplace and a daily COVID self-assessment.
A “Commission on the Future of New York Courts” has been formed bringing together experts in the field of law, government, business, technology, and public service to provide guidance on navigating a safe judicial system through this pandemic.
Supreme Courts
The Supreme Court, Kings County, and the Supreme Court, Bronx County, have extended Note of Issue filing deadlines. Various judges have provided the bar with template conference forms to complete to facilitate virtual discovery and conferences. Supreme Court, Nassau County, and Supreme Court, Suffolk County, entered phase 4 on July 10th with new protocols for an “In-Person Operations Plan”, which can be found on the Courts’ website.
The courts continue to allow the filing of new lawsuits in court matters previously classified as “nonessential”. In regions that have reopened, new matters may be filed electronically in those courts that use the NYSCEF e-filing system, and by mail in courts where NYSCEF is unavailable. In regions that have not yet met the benchmarks for reopening, new matters may now be filed electronically in those courts that use the NYSCEF system. Details are set forth in Administrative Order 114 on the Court’s website.
ALL FOUR DEPARTMENTS OF THE APPELLATE DIVISION ARE ACCEPTING FILINGS:
First Department
The Court finished oral arguments on June 26th and is now on summer recess.
Second Department
The Court finished oral arguments on June 30th and is now on summer recess.
The Court issued two amended orders regarding new deadlines for the filing of appeals and regarding the digital filing of motions digitally. Both orders can be found on the Court’s website.
Third Department
The Court finished oral arguments and is now on summer recess.
The Court released an order reinstating and reestablishing briefing deadlines for appeals now due in July, August, and beyond. The new deadlines can be found on the Court’s website.
Fourth Department
The Court finished oral arguments on July 2nd and is now on summer recess.
The Court extended brief deadlines which can be found on the Court’s website. Deadlines for perfecting appeals after May 22, 2020, remain in place. |
