Court Rules COVID-19 Executive Orders ‘Toll’ Filing Deadlines
A discussion of 'Brash v. Richards,' where the Appellate Division, Second Department helped ease the minds of litigants and their attorneys by ruling that Governor Cuomo’s COVID-19 executive orders extending No. 202.8, "toll" rather than "suspend" the running of the statutory limitations periods.
On June 2, 2021, the Appellate Division, Second Department helped ease the minds of litigants and their attorneys by ruling that Governor Andrew Cuomo’s COVID-19 Executive Orders (EOs), particularly EO No. 202.8 and subsequent EOs extending No. 202.8, toll rather than suspend the running of the applicable statutory limitations periods. The importance of this decision and order cannot be overstated. Had the court found otherwise, hundreds, if not thousands, of filings in the Second Department would have been time barred as of Nov. 4, 2020, a day after the tolling period ended pursuant to EO No. 202.72 on Nov. 3, 2020.
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