Information on Time Limits & DHR Cases, Effective March 20, 2020
Governor Cuomo issued Executive Order 202.8 on March 20, 2020, suspending the time limits for most legal actions in New York State until June 6, 2020.
Executive Order 202.8 specifically provides that “any 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 . . . .” Full text of Executive Order 202.8 can be found here: https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_202.8.pdf.
Executive Order 202.14 modifies that order and provides for the continuation of “suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until May 7, 2020…” Full text of Executive Order 202.14 can be found here: https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_202.14_final.pdf.
Executive Order 202.28 extends that order and provides for the continuation of “suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, for thirty days until June 6, 2020…” Full text of Executive Order 202.28 can be found here: https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO202.28.pdf.
The provisions of this Executive Order apply to all deadlines to file a complaint alleging a violation of the Human Rights Law with the Division or to file an appeal in court of a final determination of the Division. Further suspensions of deadlines may be ordered by the Governor and the Division will update its practices accordingly.
All other internal administrative deadlines or timeframes that have been or will be imposed on parties by a letter or notice from the Division of Human Right are automatically extended 60 days from the original due date. Any further adjournment of such internal deadlines beyond 60 days will be granted as necessary.
The Division continues to function, and all submissions will continue to be accepted and processed.