New York’s Appellate Division, Second Department Issues New Administrative Order Rescinding Administrative Order 2020-0317.2, and Setting New Deadlines for All Pending Motions Print PDF
On May 6, 2020, New York’s Appellate Division, Second Department, issued Administrative Order 2020-0506. This Order comes on the heels of Chief Administrative Judge Marks’ April 30, 2020 Memorandum permitting notices of appeal to be filed on NYSCEF beginning on May 4, 2020 (see https://www.piblaw.com/newsroom-news-248). Among the provisions in this new Administrative Order are:
- Rescission of Prior Administrative Order Suspending All Deadlines to Perfect Appeals: The Administrative Order rescinds Administrative Order 2020-0317.2, which was issued on March 17, 2020. Administrative Order 2020-0317.2 had ordered “all perfection, filing and other deadlines” to be “suspended indefinitely”, and all other pending motions to be adjourned “without date”, until “further directive of the Court” (see http://www.courts.state.ny.us/courts/ad2/pdf/ADM%202020-0317.2%20-%20Emergency%20extensions.pdf).
- Motions: Under the new Administrative Order, the Second Department set the following deadlines for “all motions”, with opposition papers and reply papers (where permitted) to be served via e-mail in addition to the methods of service set forth In 22 NYCRR 1250.1(c):
- Motions that were returnable between March 16, 2020 and March 31, 2020 are adjourned to, and are now returnable on, May 18, 2020.
- Motions that were returnable between April 1, 2020 and April 15, 2020 are adjourned to, and are now returnable on, June 1, 2020.
- Motions that were returnable between April 16, 2020 and May 6, 2020 are adjourned to, and are now returnable on, June 15, 2020.
- No further extensions: The Administrative Order provides that “no further extensions of time shall be granted beyond the deadlines set forth herein”, except in cases of “extreme hardship”.
- Continued suspension of remaining deadlines: Notwithstanding its revoking of Administrative Order 2020-0317.2, this Administrative Order states that filings and other deadlines for non-actively-managed civil matters “continue to be suspended until further directive of this Court.”
A link to the Administrative Order 2020-0317.2 can be found at: http://www.courts.state.ny.us/courts/ad2/pdf/ADM_2020-0506.pdf