Litigation and Appeals


Posted on: May 1, 2020

Title/Date of Order Summary
Memorandum of Judge Marks   March 16, 2020 -All matters adjourned until after 4/30/20. No eviction orders, default judgments, or foreclosure auctions.

Supreme Court: “Essential” are urgent or the following (i) Article 81 cases; (ii) MHL apps; (iii) OTSC, (iv) Extreme Risk Protection, (v) OPs; (vi) Isolation/Quarantine Matters; (vii) any matter deemed essential-administrative judge  

Supreme Court Criminal Cases: trials to which jeopardy attached to continue, otherwise admin. adj. “Essential” include: (i) arraignment; (ii) orders of protection; and (iii) any other matter determined by the assigned judge to be essential. All temporary OP extended by 90 days  

Family Court: “Essential matters” include JD proceedings, child protective proceedings with imminent risk to child, family offense matters, emergency support matters, and any other matters determined by the assigned judge.
Surrogate’s Court: Essential matters” include urgent guardianship and adoptions and other matters as determined by the Surrogate/admin. judge.
District Court Criminal, Town and Village Courts: “Essential” include arraignments, OPs and other matters deemed by super. And admin. judge.
NASSAU AO of Judge St. George, dated March 16, 2020 -subject to essential/emergency restrictions in 3/15/20 Memo of Judge Marks-proceedings centralized at 262 Old Country Road, Mineola

-This is known as “Virtual Courthouse”

-Village court adjourned after 4/30/20-not in custody and all civil matters, and after 4/15/20-in custody. Immediate arrangements during business hours at the County Court, after hours or weekend arraignments heard by village court

-Temporary OPs extended by 90 days at the discretion of justice.
SUFFOLK dated March 16, 2020 -subject to essential/emergency restrictions in 3/15/20 memo of Judge Marks-proceedings centralized 400 Carleton Avenue, Central Islip
2nd Dept, dated March 18, 2020 -all perfection, filing and other deadlines suspended indefinitely

-all motions and applications pending as of 3/17/20 adjourned without date
AO Judge Marks, dated March 19, 2020 -Prosecution of all civil litigation is strongly discouraged. Discovery and litigation deadlines are to be adjourned up to 90 days by agreement of the parties. If agreement cannot be reached, dealt with after the crisis.
NYS Executive Order 202.7 dated March 20, 2020 -permits remote notarization
NYS Executive Order 202.8 dated March 20, 2020 -suspends and tolls all time limits to commence, file, or serve any legal action, notice, motion or other legal process through 4/19/20

-VTL deadlines for expiration of drivers’ licenses, non-driver identification cards, registrations and temporary to 4/19/20

-BCL 602(a), (b), physical meetings of shareholders suspended to 4/19/20. 

-100% reduction in workforce for non-essential businesses starting 3/22/20

-No enforcement of any evictions or foreclosures for 90 days

-DMV is closed for in-person appointments

-Interest on late payment of sales and use taxes abated for 60 days for returns due 3/20/20 and the sales tax quarterly period that ended 2/29/20.  
NYS Executive Order 202.9 dated March 21, 2020 -Modifies Banking Law it is unsafe and unsound business practice if any bank subject to the Department jurisdiction not grant a forbearance for 90 days

-The Superintendent of finance to empowered to promulgate emergency regulations as to fees for the use of ATMs, overdraft and credit card late fees
AO Judge Marks dated March 22, 2020 -no papers accepted for filing by county clerk or court clerk except those that are included in the list of essential matters.
NYS Executive Order 202.10 dated March 23, 2020 -Non-essential gatherings canceled or postponed.

-medical care provided without oversight from a supervising Doctor without penalty

-immunity from civil liability for injury/death due to act or omission by medical professionals in response to outbreak, unless gross negligence
AO Judge Marks, dated March 24, 2020 -judge to be designated as “acting” judge in another court per specifics of order.
NYS Executive Order 202.11 dated March 27, 2020 -Extends school closing to April 15, 2020.

-Police to enforce closures of facilities and limitations

-Alternative to public comment allowed-Urban Development Corp. Act

-§2800(1)(a), (2)(a), 2801(1), (2), 2802(1), (2), 2824(2) Public Authorities Law: Budget Office may disregard deadlines

-§103(2) Gen. Mun. §144(1) St. Fin. Law, §376(8)(a) Edu. Law, §359(1) Public Authorization Law-if practical, public entities to record/stream bid openings

-Expiration of licenses issued by DOS extended
NYS Executive Order 202.12 dated March 28, 2020 -Election law §4-117 modified time to mail annual check of registrants and notice by mail as directed by Ne York State BOE

-Modifies tax law, ¶28, §171, Tax commissioner may disregard period more than 90 days, but not more than 100 days

-Reschedules presidential primary from 4/28/20 to 6/23/20

-allows presence of 1 support person for patient in labor
NYS Executive Order 202.13 dated March 29, 2020     -EO 202.3-8, 202.10-11 closures/restrictions extended to 4/15/20

-From 3/27/20, Empire St Development Corp. determines essential construction

-petitions for office commencing 3/31/20 postponed

-school/library or village postponed until at least 6/1/20

-special elections to occur 4/28/20 rescheduled to 6/23/20

-grace period on premiums extended 90 days for life insurance, 90 days to exercise rights under policy

-Insurance and Workers’ Compensation Law to impose a moratorium on insurer cancelling, non-renewing, or conditionally renewing policy for 60 days
NASSAU AO dated March 31, 2020, contact information revised by April 1, 2020 AO Judge St. George   -Effective April 1, 2020 videoconferencing via ‘Skype for Business’.

General Provisions: essential/emergency only. decisions as to whether a matter is essential or an emergency by the Supervising Judge w/ Administrative Judge. If deemed essential/emergency, clerk sends skype link to judge and attorneys and all will appear electronically.

Supreme Court:

Civil in Judge Sullivan’s courtroom via skype. Call 516-493-3401  

MHL Article 81 and Article 9 proceedings in Judge O’Brien’s courtroom. Call 516-493-3401.

Matrimonial Matters in Judge Sullivan’s courtroom. Request sent to and and including OTSC, supporting papers and contact # and email for all counsel. Conference call to resolve. If not, determine if essential/emergency.  

Surrogate’s held in Surrogate’s courtroom. Call or call 516-493-3805.  

Family Court held in IDV/DV courtroom. Call 516-493-3900.  

County Court in Judge Corrigan’s courtroom. VC issues email or call 516-493-3690.  

In custody arraignments: when required, skype link sent out.  

In custody pleas and applications: Requests to be emailed to and/or and include name of ADA, docket/indictment #, where and on what date case is pending and nature of emergency. Requests to be sent with at least 24-hour notice.  

District Court (including Long Beach and Glen Cove): in Judge Quinn’s part. To have essential/emergency criminal matter calendared or VC issues email or call 516-493-4113.

Arraignments NCPD arraignment paperwork, email Retained-email with name of Defendant and DOB, notifying court of the representation. Court to then provide copy of paperwork invite to join skype meeting.    

Youth Part To have matter calendared or VC questions email or call 516-493-3201 or 3202.
April 2, 2020 Webinar with SUFFOLK Mat. Judge Crecca -to “get the ball rolling” in Suffolk Supreme Court call clerk at 631-740-3852 and advise that you have an emergency/essential matter to file., clerk to provide an email to send “Emergency/essential matter” sheet with papers and decide whether to issue an order deeming essential/emergency. Order will direct how to file/pay.

-Many judges working on matters/motions submitted prior to 3/16/20

-Many actions can still be mailed to Family Court

-QDRO and pending contested packets to be accepted.
NYS Executive Order 202.14 dated April 7, 2020 -prohibition of non-essential gatherings and school closings extended to 4/29/20, fines for violations not to exceed $1,000

-EPTL 3-2.1(a)(2), EPTL3-2.1(a)(4), Public Health Law 2981(2)(a), PHL 4201(3), Article 9 of RP Law, Gen. Obligations Law 5-1514(9)(b), and EPTL7-1.17, witnessing utilizing audio-video technology.

-stand by guardians may be designated in writing for health workers

-health insurance premiums payment extended to 6/1/20, insurer to pay claims
Memo. Judge Marks dated April 7, 2020 Courts will begin to handle matters already pending, which include torts, matrimonial, commercial, trusts and estates, felony and other categories of cases. Judges are to review their caseloads, and work on fully submitted motion Additional Info from your county Administrative judge
AO Judge Marks dated April 8, 2020 Effective April 13, 2020: prohibition of filing new non-essential matters will continue; nor may additional papers be filed by parties in pending nonessential matters. Courts to identifying cases to advance and were appropriate at request of parties. Courts to decide fully submitted motions.  
SUFFOLK AO Judge Hinrichs dated April 8, 2020 Phase 1: Being run virtually and similar to Nassau (see Nassau 4/10/20 AO-St. George) hearing priority matters with email request and form and judges to decide fully submitted motions.
NYS Executive Order 202.15 dated April 9, 2020 -public hearings adjourned to 6/1/20, without prejudice, may continue remotely

-Environmental Conservation Law Art. 3, 8, 9, 13, 15, 17, 19, 23, 24, 25, 27, 33, 34, 35, 37, 70, 75, and 6 NYCRR 552, 550, 601, 609 public hearing required suspended, public comments accepted electronically or by mail

-State Administrative Procedures Act Section 202(2)(a) extends expiration date of notices of proposed rule makings until 90 calendar days after EO

-6 NYCRR 375 and Environmental Conservation Law Art. 27 suspends public meetings prior to final remedy at inactive hazardous waste disposal sites and brownfield cleanup provided written comments may be submitted

-Election Law 8-400 modified-allows absentee ballots in elections oob 6/23/20 and electronic app. To access absentee ballot
NASSAU AO Judge St. George dated April 10, 2020 Effective 4/13/2020, “Virtual Chambers” in Supreme, Family, District, County, and Surrogate’s court. Other matters governed by 3/31/20 order  

Phase 1 (commences 4/13/2020): working on decisions on fully submitted motions, Court will conference priority cases at request of attorneys, pending cases only. Priority conference request form must be filled out, and emailed to new remote email addresses, and Judges will review their calendars and will set conferences Phase 2, commences upon the substantial completion of Phase 1:Expansion to non-essential matters.  

Supreme court-commercial division: priority matter conference request in joint composed email with nature of the dispute., counsel’s position on the disputed issue, 3 proposed dates/times, contact info

Matrimonial matters: Email to chambers requesting priority, inc. case name and index, email address and phone numbers, brief history of case, issue in dispute, efforts made to address, advise of CPS investigations, OPs or unusual circ., may request to advance a pending motion.  

Surrogate’s Phase 1: Decisions on fully submitted motions. Phase 2: court to expand to priority matters as detailed above.

County/District: Phase 1: decide fully submitted motions and hear priority matters for incarcerated defendants. Phase 2: non-priority matters.
SUFFOLK COUNTY matrimonial Memo Judge Crecca dated April 10, 2020 Generally following Nassau’s model. Specific emails for each judge.
NYS Executive Order 202.16 dated April 12, 2020 -effective 4/15/20, essential employees to wear face coverings

-Caucuses postponed until 6/1/20, held remotely if comply with notice
April 13, 2020 Memo from Judge Hinrichs
E-mail lists for Suffolk judges to expand to priority matters to enable attorneys to request virtual conference at discretion of judges. E-mails updated as of April 16, 2020.
QUEENS SUPREME CIVIL dated April 13, 2020 Memo Effective 4/13/20, to request virtual conference on priority matters, email the appropriate email addresses along with priority conference request form.
KINGS MATRIMONIAL Effective 4/13/2020, to request virtual conferences on priority matters, email the appropriate email address along with priority request form.
NYS Executive Order 202.17 dated April 15, 2020 -As of 4/17/20, anyone over the age of 2 have to wear face mask in public if not social distancing

Email: April 16, 2020
-Surrogate’s court to process mailed in petitions so long as cashier works. Papers to be sent overnight and then email:
SUFFOLK April 16, 2020 Memo from Judge Hinrichs Provides email lists for Suffolk Judges in furtherance of Judge Marks April 8, 2020 Executive Order and April 13, 2020 Memo, expanding to priority matters to enable practitioners to request virtual conferences at discretion of judges.
Executive Order 202.18 dated April 16, 2020-In person business/workplace restrictions extended to May 15, 2020.

-Using or operating transportation carriers need face mask.

-Nursing facilities to notify family if any resident positive for Covid-19 or if any resident suffers a Covid-19 death within 24 hours.

-Certain medical professional licensed in Canada to practice in New York.

-Annual meetings of not-for-profits to be held remotely/electronically.

-Domestic/ foreign, and design professional service corporations, and regulated professional LLPs with statements expiring as of March 31, 2020 after expired of executive order to file statements.
NASSAU AO Judge St. George dated April 16, 2020– Modifies March 17, 2020 AO only to the extent provided here, and only as to Superior Criminal, District, Town/Village Courts (criminal): Non-essential matters with out of custody adjourned as of May 30, 2020, in custody adjourned to May 7, 2020- in custody cases to be reviewed, in custody cases not to be adjourned for more than 30 days from review date. Staff to notify of adjournments.
SUFFOLK Court Claims dated April 17, 2020-Contact information for Suffolk Court of Claims Judges: Liccione and Lopez-Summa.
2nd DEPT CAMP dated April 17, 2020-CAMP: all with pending matters to advise court of email registered with Skype by emailing Anne Pope with docket number to schedule CAMP conference; or if you have been notified of CAMP conference.
Executive Order 202.19 dated April 17, 2020-DOH to establish state coordinated test priority. Violations will equal civil penalty not to exceed $10,000.00 or 3x value of test positive loss of operating certification.

-Local government of health not to act affecting health without consulting DOH.

-Established penalty of $2,000 per violation per day for skilled nursing facility defined in Executive Order 202.18 for not timely notifying family.

-Defined ER to EE notice guidelines for ER’s receiving federal PPP funding.
NEW YORK CITY SUPREME COURT dated April 17, 2020-remote settlement conferences to be heard. Attorneys to receive notice through NYSCEF of conference then attorney to provide availability and Skype conference to be scheduled, if Skype issues then email

-To request conference for discovery issues, not required filing of papers, email request form to – required forwarded to assigned Judge to decide to have conference or not. Written opposition to request not permitted.
Executive Order 202.20 dated April 18, 2020-No 60 days required for 2nd Marriage License if expiring during NYS emergency.

-Marriage may be by via audio-video technology with conditions.
Executive Order 202.21 dated April 19, 2020– Solemnization of a marriage ceremony (per EO 202.20) including any officiant, public or private, as able to perform or solemnize such marriage ceremony utilizing audio-video technology.
Executive Order 202.22 dated April 20, 2020-Modification or suspension of: § 5-18.0(2) NC Admin. Code, extends to June 1, 2020, deadline to pay without interest/penalty final school tax; and Article 5 of the Real Property Tax Law, and analogous provision that requires tentative assessment role filed on or before June 1, 2020, at local option, up to 30 days later, assessing unit to set date for complaints heard remotely; and § 1212 Real Property Tax Law, communication of tax/finance to certify final state equal rate, class ratios, and class equal. Rates, if required no later than 10 days prior to date by law for levy of tax of municipal corporations.

-Also, several provisions with regard to taxes/receipt of same in Westchester.
Bronx Surrogate’s
Received April 20, 2020 (undated)
-Hearing essential and non-essential. If urgent or priority must submit affirmation of urgency to required Court to hear the matter.

-May file on urgent, essential and uncontested matters by mail at 851 Grand Concourse, Room 317, Bronx, New York 10451 or drop in bin with contact information.

-Urgent matters to contact clerk at 718-618-2300,

-Court to contact attorneys to conference matters and to decide fully submitted motions.

-All previous dates administered adjourned to on or about May 31, 2020; to check status call clerk.

-If new date, must serve notice on parties and file proof 2 days prior to date.

-No trials or hearings, no citations being issued.
Bronx Supreme Received April 20, 2020 (undated)-Judges Suarez (part 19): email information, may require discovery virtual conference, on consent PC/CC orders-submitted, Court to contact if previously scheduled conference and no consent order, Court to schedule conference, decide motions fully submitted before March 22, 2020.

-Judge Ruben (part 26): contact information for virtual conference.

-Judge Briganti (part 15): contact information, motions prior to March 22, 2020 being decided.
Kings Civil Received April 20, 2020 (undated)-Judge Walker Diallo: working on settlement in trial ready no-fault cases, on applied date court to resolve dismissal/settlements, if not, then adjourned email settlements.
AO Marks dated April 20, 2020-Effective April 20, 2020, orders, decisions, judgments, and other decrees may be digitally signed by Judges/Justices then sent to clerk via email, NYSSCEF, or other secure means
Service-NYC Law Department (undated)-Service window for the City of New York located at 100 Church Street, NYC closed until May 7, 2020. Law Department temporarily accepting service at
2nd Department Appellate Division, Received April 20, 2020-Calendars April 27th to May 8th:

-All matters on those calendars marked submitted or orally argued via Skype.

-Requests for Skype arguments on matters already calendared to be made in advance; please email, copy counsel and self represented litigants.
1st Department Appellate Division, Received April 20, 2020-Appeals: May Spring term (5/4-5/29) and June Spring Term (6/1-6/26) Calendars on Wednesday/Thursday. See post on calendar page beginning May 6, 2020. Calendared matters heard on submission or oral argument via Skype (live streamed). No adjournments. For June Term: resp. briefs due May 8, 2020, reply by May 18, 2020. Perfection, filing, other deadlines suspended indefinitely, unless consent to perfect.

-No hard copies. Mandatory e-filing continues, those not: see court memo.

-Also, provides additional 1st Department emails for Civil, Criminal, and Family, and details for admission to bar, and attorney grievances.

Garden City Justice Court dated April 23, 2020

To conference pending case by phone, email

2nd Department Appellate Division dated
April 23, 2020

-As of 4/29/20, AD to resume regular appeal decision release schedule. To be posted each Wed. at 1 pm. Email for immediate issues

2nd Department Appellate Division
Received April 24, 2020
-pending appeal or motion, not been digitally filed, use the portal DC/SitePages/Home.aspx
-emergency application or awaiting urgent decision e-mail
-cases calendared, on website. Calendared appeals on submission unless you contact Court by email to require Skype. See Court’s Skype Argument Protocol.
-Grievance committee emails provided and information on certificate of good standing
Bronx Supreme-Part 22 (Ruiz) Only virtual conferences on consent. Email Essential/emergency: call 718-618-3800

Executive Order 202.23 dated April 24, 2020
-voters for election on June 23-sent an absentee ballot w/ postage pd return
-Assembly/Senate special Elections-6/23-cancelled, offices filled in gen. election
-The Comm. of Health to suspend/revoke operating cert. of nursing/adult care facility if not adhered to Health regulations.
Executive Order 202.24 dated April 25, 2020-pharmacists to order/administer COVID-19 tests
-37th District City Council special election canceled. To be filled in gen. elect.  
Bronx Supreme-Part 7 (Guzman)-undatedOnly virtual conferences on consent. Email and copy . Essential/emergency: call 718-618-3800
Queens-Surrogate’s Court- undated -Operated out of NYC Civil with skeleton crew-check mail, electronic submission, process fees, resp. emails, and issue letters. Dates adjourned
-court processing pending uncontested petitions (no new actions to be filed),,, or
-Guardianships-via skype -to lift restrictions, collect settlements=essential
-1404, 2211 exams held virtually, new dates provided to ct via attorney affirmation
5 borough Surrogate’s
Updated on
April 28, 2020
ESSENTIAL APPLICATIONS ONLY will be considered by the Court. Please call the phone number or e-mail below before coming to Court:
Bronx County – 718-618-1894;
Kings County – 347-404-9720; or
New York County – 917-509-7218;
Queens County – 718-298-0777;
Richmond County – 718-675-8504;
Bronx Civil dated April 28, 2020 Remote conference of matters canceled due to COVID 19-request conf. on notice via email w/ date matter was originally sch., Index, party names, contact info
Bronx Family-Part 6 (Ramirez)
dated April 28, 2020
-Cases in Part 6-to required settlement conference email at
-NO NEW nonessential matters may be filed until further notice; nor may additional papers be filed by parties in pending nonessential matters.
-Essenial (Stip. Or OTSC) submit  and wait
Executive Order 202.25 dated
April 29, 2020
-Allows temporary dedicated birthing sites
-if giving birth may have support person for delivery and duration of stay
-general hospitals to perform elective surgeries and procedures
AO Marks dated April 30, 2020 -still cannot file new non-essential matters.  But,  effective 5/4:
New motions, responsive papers to previously filed motions, and other applications (inc. post-judgment applications) may be filed electronically in pending cases either through NYSCEF or through a new elec. document delivery system where e-filing is unavailable.  Details on the court’s website from Administrative Judges (nothing on Ct website yet).
-Problem solving courts may conduct virtual court conference with counsel, court staff, and service providers via Skype for Business.
-Judges may referral of matters for alternative dispute resolution
-Notices of appeal may be filed electronically
Queens Civil
Received on April 30, 2020
-On consent virtual settlement conference, email: -all motions returnable Motions Submissions Part, rm 130 at 60 Centre St
-Summary Judgment deadline extended no later than 60 days after lifting of current NYS Pause
-discovery to continue, inc. video conf. depositions

Litigation Update

Posted on: April 2, 2020

The COVID-19 outbreak has had far-reaching impacts that have affected the federal and state court systems in our area. Our Firm’s litigation team is monitoring the developments affecting the court systems in our area and is ready to advise our clients concerning the impacts that the various directives and restrictions may have on their litigation matters.

All time limits and deadlines to commence, file, or serve any legal action, notice, motion or other legal process has been suspended through at least April 19, 2020 by an Executive Order signed by Governor Andrew Cuomo. Additionally, New York State courts are not accepting any filings, whether filed electronically or by hard copy, in connection with any non-essential or non-emergency matters.

The New York State Unified Court System is open to handle all essential and emergency matters. All judicial proceedings for essential and emergency matters in Nassau County will be conducted at the Nassau County County Court in Mineola, and all such judicial proceedings in Suffolk County will be conducted at the Cohalan Court Complex in Central Islip. Most court proceedings for essential and emergency matters will be conducted by video conference. All non-essential matters are being administratively adjourned and postponed to a date on or after April 30, 2020, in order to limit the number of people in the courthouses.

For non-essential, civil litigation, the courts are strongly discouraging the parties from prosecuting matters in a manner that would require in-person appearances or travel that would be inconsistent with prevailing health and safety directives imposed by our government officials. Additionally, where a party is unable to meet a discovery or litigation deadline as a result of the current health emergency, the courts are urging the parties to adjourn or postpone proceedings by stipulation or agreement. If parties are unable to reach such agreements, the courts will address these matters on a case by case basis when the court’s normal operations resume.

The state appellate courthouses are closed to all visitors and will only entertain emergency applications that are emailed to the court clerk. While, in most cases, statutory deadlines remain in effect, all perfection, filing and other deadlines that are set forth in any order from the appellate courts, the practice rules of the Appellate Division, or a particular appellate court’s rules of practice, are suspended indefinitely until further directive from the courts. Additionally, applications or motions for an extension of time, that were pending as of March 17, 2020, are adjourned until further direction from the courts.

In the United States Federal Courts, most non-essential jury trials and in-person hearings are being postponed and adjourned for several weeks until further direction from the courts, and the courts are using video and teleconferencing tools where possible in all other matters.

Given the evolving nature of this health emergency, litigants should be mindful that there may be new guidelines and further limitations on in-person courthouse activities in the days ahead. Once normal courthouse activities resume, our litigation team expects that judges will be flexible in case rescheduling and necessary adjournments due to circumstances caused by the coronavirus outbreak.

We recommend that clients consult with members of our litigation team to understand the impacts of any new restrictions or directives on their respective matters.