New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.52 - Executive Order No. 52: Temporary Suspension and Modification of Statutory Provisions Establishing Time Limitations on Actions and Time in Which to Take an Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on October 26, 2012, I issued Executive Order
					 Number 47 declaring a disaster emergency in all 62 counties in the State of New
					 York;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by Section 29-a of Article
					 2-B of the Executive Law to temporarily suspend specific provisions of any
					 statute, local law, ordinance, orders, rules or regulations, or parts thereof,
					 of any agency during a State disaster emergency, if compliance with such
					 provisions would prevent, hinder or delay action necessary to cope with the
					 disaster, I hereby temporarily suspend, for the period from the date of this
					 Executive Order until further notice, the following laws:
Section 201  of the Civil Practice Law and Rules, so far as
					 it bars actions whose limitation period concludes during the period commencing
					 from the date that the disaster emergency was declared pursuant to Executive
					 Order Number 47, issued on October 26, 2012, until further notice, and so far
					 as it limits a court's authority to extend such time, whether or not the time
					 to commence such an action is specified in Article 2 of the Civil Practice Law
					 and Rules;
Section 5513  of the Civil Practice Law and Rules, so far as
					 it relates to a limitation period that concludes during the period commencing
					 from the date that the disaster emergency was declared pursuant to Executive
					 Order Number 47, issued on October 26, 2012, until further notice;
Section 25  of the Court of Claims Act, so far as it relates
					 to a limitation of time to appeal in which a limitation period concludes during
					 the period commencing from the date that the disaster emergency was declared
					 pursuant to Executive Order Number 47, issued on October 26, 2012, until
					 further notice;
Sections 30.10 and 30.30  of the Criminal Procedure Law, so
					 far as they may bar criminal prosecutions brought in Bronx, Dutchess, Kings,
					 Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk and
					 Westchester Counties, in cases whose limitation periods conclude during the
					 period commencing from the date that the disaster emergency was declared
					 pursuant to Executive Order Number 47, issued on October 26, 2012, until
					 further notice;
Subdivision (2) of section 310.10  of the Criminal Procedure
					 Law, so far is it may limit the duration of a recess of a deliberating jury in
					 Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond,
					 Rockland, Suffolk and Westchester Counties, in cases where such a recess was
					 declared during the period commencing from the date that the disaster emergency
					 was declared pursuant to Executive Order Number 47, issued on October 26, 2012,
					 until further notice;
Sections 460.10, 460.30, 460.50 and Article 460 of the
					 Criminal Procedure Law, so far as they relate to a limitation of time to appeal
					 and such limitation period concludes during the period commencing from the date
					 that the disaster emergency was declared pursuant to Executive Order Number 47,
					 issued on October 26, 2012, until further notice; and
Section 1113  of the Family Court Act, so far as it relates
					 to a limitation of time to appeal and such limitation period concludes during
					 the period commencing from the date that the disaster emergency was declared
					 pursuant to Executive Order Number 47, issued on October 26, 2012, until
					 further notice;
In addition, I hereby temporarily suspend and modify, for
					 the period from the date of this Executive Order until further notice, any
					 other statute, local law, ordinance, order, rule or regulation or part thereof,
					 establishing limitations of time for the filing or service of any legal action,
					 notice or other process or proceeding that the courts lack authority to extend
					 through the exercise of discretion, where any limitation of time concludes
					 during the period commencing from the date that the disaster emergency was
					 declared pursuant to Executive Order Number 47, issued on October 26, 2012,
					 until further notice.
Signed: Andrew M. Cuomo
Dated: October 31, 2012