New York Gov. Andrew Cuomo holds a press briefing on the coronavirus on March 18 in Albany, New York. (Darren McGee, Office of Governor Andrew M. Cuomo)
The third-term governor on Friday signed an executive order suspending "any specific time limit" on the start or filing of any legal action notice, motion or "other process or proceeding."
The order tolling limitations periods goes through April 19.
The wide-ranging executive order said that suspension of the statute of limitations applies in criminal procedure law, civil practice law and under the Court of Claims Act, which governs cases against state agencies.
There is also language saying the effect of the order could apply more broadly.
That same order made official sweeping mandatory lockdown rules that ordered all workers from "nonessential" companies to stay home.
Essential businesses were exempt from the rule, but law firms were not explicitly listed under that category.
The lack of clarity roiled some New York lawyers, with some asking whether criminal defense work should be explicitly defined as "essential" and others wrestling with how they should configure their firms.
Guidance from the state government did define "services related to financial markets" and "law enforcement" as essential and included a form that businesses could use to request designation as essential.
Cuomo's executive order came quickly after New York lawmakers and state Attorney General Letitia James called on Cuomo to pause the statute of limitations due to the coronavirus pandemic.
A cohort of state senators, in particular, argued in a letter that suspending the legal time limits would allow people time to consult with their attorneys, report crimes and prepare claims.
New York Chief Administrative Judge Lawrence Marks issued an order Sunday that defined "essential" court matters and said all other court filings would not be accepted until further notice.
The list of "essential" matters includes bail applications, temporary orders of protection and applications tied to "serious code violations." The memorandum said that emergency applications tied to guardianship matters or the coronavirus in state Supreme Court would be deemed essential, along with extreme risk protection orders that ban a person deemed to be a danger to themselves or others from having a firearm.
New York saw a soaring increase in the number of COVID-19 cases over the weekend, with John Hopkins University reporting around 17,000 cases statewide and more than 150 deaths.
Last week, Cuomo projected that New York could need 110,000 hospital beds by early May to handle the deluge of additional coronavirus patients. But, he said, the state right now only has around 53,000 beds. Complicating matters, he said the state has around 3,000 intensive care unit beds while projections show the state might need up to 37,000 of those beds.
This is a developing report.
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Ryan Tarinelli
Ryan Tarinelli is a reporter at the New York Law Journal. He is based at the New York State Capitol in Albany, New York. He can be reached through email at [email protected]. Follow him on Twitter: @ryantarinelli.