New York State COVID-19 -Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
On March 22, 2020 Governor issue a EXECUTIVE ORDER 202-8 Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency. This order modified his previous Executive Order Number 202 issued on March 7, 2020 declaring a State disaster emergency for the entire State of New York. This order specifically addresses the New York State Court System and the Process Service industry. The executive order specifically limits court operations to essential matters during the pendency of the COVID-19 health crisis, 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. As a result on March 22, 2020 Chief Administrative Judge Lawrence Marks issued administrative order AO/78/20, which sharply curtailed the receipt of filed papers by UCS courts and county clerks in litigation matters.
Administrative Order AO/78/20 Issue by Chief Administrative Judge of the New York State Courts
The Chief Administrative Judge Lawrence Marks of the New York State Courts issued Essential Proceedings Administrative Order AO/78/20 on March 22, 2020. The directive defines and breaks down Essential Proceedings
Pursuant to the authority vested in me, in light of the emergency circumstances caused by the continuing COVID-19 outbreak in New York State and the nation, and consistent with the Governor of New York's recent executive order suspending statutes of limitation in legal matters, I direct that, effective immediately and until further order, no papers shall be accepted for filing by a county clerk or a court in any matter of a type not included on the list of essential matters attached as Exh. A. This directive applies to both paper and electronic filings.
Exhibit A
- Criminal Matters
- arraignments
- bail applications, reviews and writs
- temporary orders of protection
- resentencing of retained and incarcerated defendants
- essential sex offender registration act (SORA) matters
- Family Court
- child protection intake cases involving removal applications
- newly filed juvenile delinquency intake cases involving remand placement applications, or modification thereof
- emergency family offense petitions/temporary orders of protection
- orders to show cause
- stipulations on submission
- Supreme Court
- Mental Hygiene Law (MHL) applications and hearings addressing patient retention or release
- MHL hearings addressing the involuntary administration of medication and other medical care
- newly filed MHL applications for an assisted outpatient treatment (AOT) plan
- emergency applications in guardianship matters
- temporary orders of protection (including but not limited to matters involving domestic violence)
- emergency applications related to the coronavirus
- emergency Election Law applications
- extreme risk protection orders (ERPO)
- Civil/Housing Matters
- applications addressing landlord lockouts (including reductions in essential services)
- applications addressing serious code violations
- applications addressing serious repair orders
- applications for post-eviction relief
- All Courts
- any other matter that the court deems essential
This list of essential proceedings is subject to ongoing review and amendment as necessary.
As a result of this order WRM Security Services Process Servers are available for Process Services and Attorney Services that need service of process only if they fall into the Essential Proceedings categories as defined by the Chief Administrative Judge of New York State. We are currently working form home as we are following the recommendations of the CDC and the President of the United States Covid 19 Task Force 15 day containment policy to reduced the spread of the virus. We are monitoring the situation from home as we pray for our nation. We hope to get back to serving process in Nassau County NY, Suffolk County NY, and New York City (Manhattan, Bronx, Brooklyn, Queens and Staten Island) . We serve all jurisdictions in New York State and Nationwide. Call 631-406-9761 24/7 if you have any questions or you would like to order an Essential Proceeding Process Service