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AP Photo Courtesy of the Office of New York Governor Andrew M. Cuomo.

On Oct. 6, 2020, New York Law Journal published an article by Judge Thomas F. Whelan, “Executive Orders: A Suspension, Not a Toll of the SOL,” arguing that Governor Andrew M. Cuomo lacked authority under Section 29-a of Executive Law to issue Executive Order 202.8 tolling the statute of limitations or other time limits during the COVID-19 pandemic, and therefore the word “toll” in the governor’s executive order 202.8 should be construed as an extension of time.

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