What does this Mean for You?
By: Joel Grossbarth
The Courts of the State of New York have been (mostly) shut down due the Coronavirus pandemic. However, there are still situations where the Courts are open. Here is what is going on in the Courts and how it affects you.
According to a mandate from Chief Administrative Judge Lawrence Marks, and staying in compliance with directives from Governor Cuomo, all civil cases are adjourned indefinitely, unless a trial has already started. If you have a civil case pending in Rockland County Supreme Court, it is adjourned indefinitely. Criminal cases that have started and double jeopardy has attached will also be completed. No new civil or criminal trials will start in the near future. Also, felony cases where a defendant is in custody will proceed using remote video or telephonic access. If the defendant is not in custody, the case will be adjourned. Arraignments in criminal cases will continue and should be conducted by video whenever possible. All orders of protections will remain in force.
All eviction proceedings or pending eviction orders are suspended until further notice from the assigned judge.
In Family Court, issues relating to child protection proceedings, juvenile delinquency, family offenses and child support will continue. All other matters are adjourned.
Also, the Appellate Division, Second Department in Brooklyn issued an order that all perfection, filing and other deadlines set forth in any order, the Practice Rules of the Appellate Court, the Rules of Practice or Electronic Filing Rules of the Appellate Division are suspended indefinitely and until further directive of the Court. All motions and applications for an extension of time to perfect or file that are pending as of Tuesday, March 17, 2020, are adjourned pending further directive of the Court. All other pending motions are adjourned without date until further directive of the Court.
According to Judge Marks, “in addressing essential applications, judges will exercise judicial discretion in a manner designed to minimize court appearances and traffic in the courts.”
As always, if you are involved in a legal proceeding, you should check with your lawyer regarding the status of your case and when the Courts will back open for business.