• Nicholas Dell'Anno, Esq.

Court Procedures During the Coronavirus Emergency

Updated: Jun 11, 2020

Updated June 8, 2020:


As you know, New York State Courts have been closed for non-essential business since March 17, 2020 and suspended filings on such matters as of March 22, 2020, which means there has been a pause on proceedings in almost every court matter. In recent days, the Courts have been opening limited operations as we slowly shift to what might be a new normal, such as by holding remote conferences through Skype, at least for the time being.


Below is a list of various court rules, categorized by general New York State and by county, in effect as of the dates indicated below. Simply click on the blue links to access the respective documents. We will try to post new rules to this site as they change and become available.


NEW (as of May 8, 2020) Also below is a section with language I drafted that you can use in the procedural history of any motions where the tolls in place during the coronavirus emergency is at issue.


It is advisable to double-check the courts' and Individual Parts' websites to see if these rules have been updated, as they are changing from one day to the next. We make no guarantees or representations that the below list is complete, current, or still in effect.

Catalog of Orders, Instructions, Forms, and Memorandums


New York State - Statewide


Bronx County


New York County


Kings County


Queens County


Richmond County


Nassau County


Suffolk County


Westchester County


Orange County


Appellate Division, First Department


Appellate Division, Second Department

  • May 6, 2020 - Administrative Order establishing new filing deadlines, and rescinding March 17, 2020 Administrative Order

  • April 16, 2020: (no link) 2nd Department Appellate Division is asking all attorneys with pending matters to advise the court of their email address registered with Skype for Business by emailing ad2clerk@nycourts.gov in order to schedule CAMP and/or Oral Argument dates.

  • March 17, 2020 - Notice regarding limitations of court operations for the Appellate Division, Second Department


Court of Appeals, State of New York


American Arbitration Association (AAA)

  • May 11, 2020 - Email from American Arbitration Association (AAA) regarding procedures to stay UM/SUM proceedings

Example of Motion Language

(Click on blue link for respective document)


1. On March 16, 2020 as of 5:00 p.m., all non-essential court functions were suspended until further notice due to the coronavirus public health emergency in New York State. See Memorandum by Chief Administrative Judge Lawrence K. Marks, dated March 15, 2020, annexed hereto as Exhibit R.


2. On March 20, 2020, as a successor Executive Order to Executive Order No. 202, New York State Governor Andrew Cuomo ("Governor Cuomo"):


temporarily suspend[ed] […] 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 civil practice law and rules, […] the uniform court acts, or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof, [and ordered that same] is hereby tolled from [March 20, 2020] until April 19, 2020.

See Executive Order No. 202.8, dated March 20, 2020, annexed hereto as Exhibit S.

3. On March 22, 2020, all paper and electronic filings were ordered to not be accepted by a county clerk or a court in any non-essential matter. See Administrative Order by Chief Administrative Judge Lawrence K. Marks, dated March 22, 2020, annexed hereto as Exhibit T.


4. On April 7, 2020, New York State Governor Andrew Cuomo extended and “continue[d] the suspensions and modifications of law, and any directives […] made by Executive Order 202 and each successor Executive Order to 202, […] until May 7, 2020”. See Executive Order No. 202.14, dated April 7, 2020, annexed hereto as Exhibit U.

5. Starting May 4, 2020, new motions and applications were once again being accepted through NYSCEF, though the toll on time limits in effect as of March 20, 2020 were still in effect until May 7, 2020. See Administrative Order by Chief Administrative Judge Lawrence K. Marks, dated May 1, 2020, annexed hereto as Exhibit V; See Executive Order No. 202.14, dated April 7, 2020, annexed hereto as Exhibit U; See Executive Order No. 202.8, dated March 20, 2020, annexed hereto as Exhibit S.


6. On May 7, 2020, Governor Cuomo extended and “continue[d] the suspensions and modifications of law, and any directives […] made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, for thirty days until June 6, 2020”. See Executive Order No. 202.28, dated May 7, 2020, annexed hereto as Exhibit W.


7. On June 6, 2020, Governor Cuomo "continue[d] the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, as continued as contained in Executive Order 202.27 and 202.28 until July 6, 2020". See Executive Order No. 202.38, dated June 6, 2020, annexed hereto as Exhibit X.

Miscellaneous


For research purposes, I am including the below court orders and memorandums, which might prove useful in motions or opposition papers to outline recent procedural history and attach as exhibits.


  • May 10, 2020 - Executive Order 202.30 requiring all New York State nursing homes and adult care facilities to test all personnel for COVID-19 twice per week. Could be important for discovery in negligence/malpractice cases involving COVID-19 mismanagement in nursing homes.

  • March 13, 2020 - Memorandum by Chief Administrative Judge Lawrence K. Marks, outlining New York State court restrictions in effect on March 16, 2020

  • March 13, 2020 - Memorandum by Chief United States District Judge Colleen McMahon, outlining limitations in federal courts in New York State, in effect on March 16, 2020

  • March 15, 2020 - Memorandum by Chief Administrative Judge Lawrence K. Marks, suspending non-essential matters in New York State courts as of March 17, 2020

  • April 15, 2020 - Executive Order 202.17 requiring social distancing


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