Tolling of New York State Statute of Limitations
A discussion of the significance of Governor Andrew Cuomo's executive order suspending New York's statute of limitations and other procedural deadlines as part of a series he has issued throughout the COVID-19 pandemic. The article offers considerations to keep in mind based on the language used by the Governor when issuing these orders and provides key approaches to weigh in order to avoid the lingering effects of the toll.
October 22, 2020 at 12:54 PM
8 minute read
On March 20, 2020, Governor Andrew Cuomo issued Executive Order 202.8, tolling New York's statute of limitations and other procedural deadlines until April 19, 2020:
… [A]ny 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.
Id. (emphasis added). Thereafter, the governor repeatedly extended the civil tolling in Executive Order (EO) 202.8 by issuing various EOs, including most recently, EO 202.67 dated October 4, 2020. EO 202.67 extended the civil tolling provisions to Nov. 3, 2020, and stated that thereafter, this tolling would expire:
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