a

Facebook

Twitter

Copyright 2020.Donaldson Legal Counseling PLLC. .
All Rights Reserved.

Attorney Advertising

10 am – 6:00 pm

Our Opening Hours Mon. - Fri.

(929) 444-3126

Call Us For Free 10 Minute Consultation

Facebook

Twitter

Linkedin

Instagram

Search
Menu
 

Emergency Related Changes to State and Federal Laws

Emergency Related Changes to State and Federal Laws

The Following are Closures, Postponements, Changed, or Cancellations:

Courts and Legal Proceedings

1. Statute of Limitations is Tolled from March 20, 2020 through April 19, 2020.

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.

Executive Order No. 202.8 issued March 20, 2020
https://www.governor.ny.gov/news/no-2028-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

 

2. NY Legal Filings

No Non-Essential Legal Filings Are Accepted Until Further Notice

Administrative Order AO/78/20 issued March 22, 2020

 

What is an Essential Proceeding?

A. Criminal matters

  • 1. arraignments
  • 2. bail applications, reviews and writs
  • 3. temporary orders of protection
  • 4. resentencing of retained and incarcerated defendants
  • 5. essential sex offender registration act (SORA) matters

B. Family Court

  • 1. child protection intake cases involving removal applications
  • 2. newly filed juvenile delinquency intake cases involving remand placement
    applications, or modification thereof
  • 3. emergency family offense petitions/temporary orders of protection
  • 4. orders to show cause
  • 5. stipulations on submission

C. Supreme Court

  • 1. Mental Hygiene Law (MHL) applications and hearings addressing patient retention or
    release
  • 2. MHL hearings addressing the involuntary administration of medication and other
    medical care
  • 3. newly filed MHL applications for an assisted outpatient treatment (AOT) plan
  • 4. emergency applications in guardianship matters
  • 5. temporary orders of protection (including but not limited to matters involving
    domestic violence)
  • 6. emergency applications related to the coronavirus
  • 7. emergency Election Law applications
  • 8. extreme risk protection orders (ERPO)

D. Civil/Housing matters

  • 1. applications addressing landlord lockouts (including reductions in essential services)
  • 2. applications addressing serious code violations
  • 3. applications addressing serious repair orders
  • 4. applications for post-eviction relief

E. All Courts

  • 1. any other matter that the court deems essential

This list of essential proceedings is subject to ongoing review and amendment as
necessary.

https://www.nycourts.gov/

3. No enforcement of evictions of residential or commercial tenants for 90 days from March 20, 2020.

Executive Order No. 202.8 issued March 20, 2020
https://www.governor.ny.gov/news/no-2028-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

4. Postponement of Village Elections through April 17, 2020

Executive Order No. 202.5 issued March 18, 2020
https://www.governor.ny.gov/news/no-2025-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

5. E-Notary Approval – Through April 18, 2020, following specific conditions notarial acts can use audio-video technology.

Executive Order No. 202.7 issued March 19, 2019
https://www.governor.ny.gov/news/no-2027-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

Vehicle Related

Alternate Side of the Street Parking in NYC suspended from March 25, 2020 through March 31, 2020.
https://portal.311.nyc.gov/article/?kanumber=KA-01011

Driver’s License, Registration Certificate, Temporary Registrations, Plate Number, Non-Driver ID Card Expiring on or After March 1, 2020 remain valid through April 19, 2020.

Executive Order No. 202.8 issued March 20, 2020
https://www.governor.ny.gov/news/no-2028-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

Banking and Loans

Loan Forbearance

90-days from March 21, 2020: Required forbearance on loan payments by Banks subject to NY State Jurisdiction, where borrower cannot pay timely due to hardship caused by COVID-19 pandemic.

Mortgage Forbearance

90 days from March 21, 2020: Required forbearance by lenders on mortgage payments due from New Yorkers, where they cannot pay timely due to hardship caused by COVID-19 pandemic.

Bank, Credit Card and ATM Fees

New York regulated banking organizations must eliminate fees charged for the use of Automated Teller Machines (ATMs) that they own/operate, overdraft fees, and credit card late payment fees for any individual who demonstrates financial hardship as a result of the COVID-19 pandemic.

NY State Executive Order No. 202.9, March 21, 2020
https://www.governor.ny.gov/news/no-2029-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

NY Department of Financial Services, March 21, 2020
https://dfs.ny.gov/reports_and_publications/press_releases/pr202003241

Business Operations

Meetings of Shareholders Required to be Held at Physical Location are Postponed.
Executive Order No. 202.8
https://www.governor.ny.gov/news/no-2028-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

Unemployment Claims

No waiting period for unemployment insurance claimants whose claims for unemployment insurance arise directly out of closings of schools or other workplaces in which claimants were employed, or out of claimants’ isolation or quarantine in connection with COVID-19.
Executive Order No. 202.1 issued March 12, 2020

https://www.governor.ny.gov/news/no-2021-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

Taxes

Sales and Use Tax
For 60 days from March 20, 2020, abatement of filing and payment penalties, and interest, for a taxpayers required to file returns and remit sales and use taxes for the sales tax quarterly period that ended February 29, 2020.

Executive Order No. 202.8 issued March 20, 2020
https://www.governor.ny.gov/news/no-2028-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency

Federal Taxes, Extended Deadline from April 15, 2020 to July 15, 2020

https://www.irs.gov/newsroom/payment-deadline-extended-to-july-15-2020