New York Court Filings Suspended For Non-Essential Matters - Client Newsletter
Court Filings Suspended – Chief Administrative Judge Lawrence Marks issued an Administrative Order directing that “effective immediately and until further notice, no papers shall be accepted for filing [both paper and electronic filings] by the county clerk or a court in any matter of a type not included on the list of essential matters”. The Order attaches a list of “Essential Proceedings” exempt from the Order’s prohibition. These include certain criminal matters, Family Court matters, Civil/Housing Court matters and specified Supreme Court matters. The Order has a catch-all provision permitting any court to accept filings on “any matter that the court deems essential.”
Criminal proceedings deemed essential are: arraignments; bail applications/reviews/writs; temporary orders of protection; resentencing of retained/incarcerated defendants; and essential sex offender registration act matters.
Family Court proceedings deemed essential are: removal applications in child protection cases; juvenile delinquency cases involving remand placement or modifications; emergency family offense petitions; temporary orders of protection; orders to show cause; and stipulations on submission.
Civil/Housing court matters deemed essential are: applications addressing landlord lockouts (including reduction of essential services), serious code violations, serious repair orders and post-eviction relief.
Supreme Court matters deemed essential are: Mental Hygiene Law applications and hearings addressing patient retention or release, involuntary administration of medication or medical care or for assisted outpatient treatment plans; emergency applications in guardianship matters; temporary orders of protection; emergency applications related to COVID-19 or Election Law; and extreme risk protection orders.
A copy of this Administrative Order can be found at: https://www.nycourts.gov/whatsnew/pdf/AO-78-2020.pdf