Locke Lord QuickStudy: The State of New York Courts During COVID-19, Continued

Since Locke Lord’s April 14 QuickStudy outlining changes to procedures and operations in New ‎York’s state and federal courts in light of COVID-19, courts in the state have continued to ‎implement changes to evolve in light of the pandemic. Most notably, in the First and Second ‎Judicial Departments of the Appellate Division, though the indefinite suspension on filing ‎deadlines for briefs, records, and motions remains in effect until further notice, these Courts have ‎announced that they are expanding their operations as “virtual courts.” ‎

In the First Department, the Court announced that it will resume calendaring appeals and ‎motions for argument or submission and scheduling pre-argument conferences. The Court has set ‎forth two special terms, which will commence on May 4, 2020 through May 29, 2020, and June ‎‎1, 2020 through June 26, 2020. Appeals will be calendared for each Wednesday and Thursday ‎during that period, and all matters will be decided on submission or orally argued via Skype. The ‎Calendars will be published on the Calendars page on the First Department’s website.‎

In addition, the Court has continued its suspension on paper filings. The Court has instructed that ‎all filings in e-filed matters should be filed via NYSCEF, and that filings made in connection ‎with appeals that are not subject to mandatory e-filing should be emailed to the Court. For civil ‎appeals, litigants are instructed to email: AD1copy-civil@nycourts.gov and Ad-1-clerks-‎office@nycourts.gov.‎

The Second Department has also began publishing calendars for April 27, 2020 through May 8, ‎‎2020. Similarly to the First Department, all appeals on those calendars will be decided on ‎submission or orally argued by Skype. The Court is also accepting requests for Skype arguments ‎on matters that have already been calendared. The Request must be made before the argument ‎date by emailing the Court at ad2clerk@nycourts.gov.‎

As noted above, in both Judicial Departments, the Courts have continued the indefinite ‎extension on deadlines for perfection, filing, and other deadlines. However, in the First ‎Department, litigants are permitted to consensually perfect appeals and file motions. Neither ‎Court has indicated when this suspension on deadlines might be lifted.  ‎

For more information on the changes to procedures and operations in New York’s state and ‎federal courts during COVID-19, please refer to Locke Lord’s April 14 QuickStudy. Locke Lord ‎will continue to publish QuickStudies outlining additional changes to New York courts’ ‎procedures and operations. In the meantime, parties and their attorneys should continue to review ‎the courts’ websites and individual judges’ rules:‎

• New York Unified Courts System (New York Supreme and other lower courts)
• New York Court of Appeals
• New York Supreme Court Appellate Division, First Judicial Department
• New York Supreme Court Appellate Division, Second Department
• New York Supreme Court Appellate Division, Third Department
• New York Supreme Court Appellate Division, Fourth Department
• United States District Court, Southern District of New York
• United States District Court, Eastern District of New York
• United States District Court, Northern District of New York
• United States District Court, Western District of New York
• United States Bankruptcy Court, Southern District of New York
• United States Bankruptcy Court, Eastern District of New York
• United States Court of Appeals for the Second Circuit

Visit our COVID-19 Resource Center often for up-to-date information to help you stay informed of the legal issues related to COVID-19.