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 8.142 - Executive Order No. 142: Temporarily Modifying Laws and Regulations to Authorize the Governor to Regulate Traffic and Suspending Laws 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 January 26, 2015, I issued Executive Order
					 Number 141 declaring a disaster emergency in the counties of Bronx, Dutchess,
					 Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk,
					 Ulster, Westchester and contiguous counties;
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 or modify specific provisions
					 of any statute, local law, ordinance, orders, rules or regulations, or parts
					 thereof, of any agency or governmental entity 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 modify,
					 through February, 2, 2015, the following laws and regulations:
Section 24  of the Executive Law; sections 104 and 346  of
					 the Highway Law; 1602, 1630, 1640, 1650, and 1660 of the Vehicle and Traffic
					 Law; section 14 (16)  of the Transportation Law; sections 6-602 and 17-1706  of
					 the Village Law; section 20 (32)  of the General City Law; section 91  of Second
					 Class Cities Law; section 19-107(ii) of the New York City Administrative Code;
					 and section 107.1 of Title 21 of the New York Codes, Rules and Regulations, to
					 the extent necessary to provide the Governor with the authority to regulate
					 traffic and the movement of vehicles.
FURTHER, I hereby temporarily suspend, for the period from
					 the date of this Executive Order through January 28, 2015, to the extent that
					 any person or an attorney for any person has been directly affected by the
					 disaster emergency, the following laws:
Section 180.80  of the Criminal Procedure Law, to the extent
					 that it limits the time during which a defendant against whom a felony
					 complaint has been filed with a local criminal court may be held in custody
					 pending the disposition of such felony complaint when such limitation period
					 concludes during the period commencing from the date that the disaster
					 emergency was declared pursuant to Executive Order Number 141;
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 141, 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 141;
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 141;
Sections 30.10 and 30.30  of the Criminal Procedure Law, so
					 far as they may bar criminal prosecutions, in cases whose limitation periods
					 conclude during the period commencing from the date that the disaster emergency
					 was declared pursuant to Executive Order Number 141;
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
					 141; 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 141.
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 141.
Signed: Andrew M. Cuomo
Dated: January 26, 2015