By: Jennifer Nigro, Esq.
On Wednesday, Monday, May 6th, the Appellate Division, Second Department (which covers cases in Queens, Brooklyn, Staten Island, Long Island, Dutchess, Orange, Putnam, Rockland and Westchester counties) issued Administrative Order 2020-0506 (“EO-506”), which established new deadlines for appeals that were previously suspended due to COVID-19.
For criminal appeals, briefs that were due to be filed between March 16, 2020 and May 6, 2020, and which have not yet been filed, are due to be filed as follows:
- The deadline for briefs which were due to be filed between March 16, 2020 and March 31, 2020, is July 6, 2020;
- The deadline for briefs which were due to be filed between April 1, 2020 and April 15, 2020, is July 20, 2020; and
- The deadline for briefs which were due to be filed between April 16, 2020 and May 6, 2020, is August 3, 2020.
All motions, except for those in which filing deadlines were set by order or by directive of the Clerk of the Court, that were returnable between March 16, 2020 and May 5, 2020, are adjourned as follows:
- Motions which were returnable between March 16, 2020 and March 31, 2020, are adjourned to, and are now, returnable on May 18, 2020;
- Motions which were returnable between April 1, 2020 and April 15, 2020, are adjourned to, and are now, returnable on June 1, 2020; and
- Motions which were returnable between April 16, 2020 and May 6, 2020, are adjourned to, and are now, returnable on June 15, 2020.
New deadlines for records, appendices, and briefs in all matters being actively managed by the Court, and for papers in response to scheduling and certification orders which were due to be filed and which remain outstanding, are as follows:
- The deadline for records, appendices, and briefs, and for papers in response to scheduling and certification orders, which were due to be filed between March 16, 2020 and March 31, 2020, is June 5, 2020;
- The deadline for records, appendices, and briefs, and for papers in response to scheduling and certification orders, which were due to be filed between April 1, 2020 and April 15, 2020, is June 19, 2020;
- The deadline for records, appendices and briefs, and for papers in response to scheduling and certification orders, which were due to be filed between April 16, 2020 and May 6, 2020, is July 6, 2020;
Filing and other deadlines set forth in any order of the Court, its rules, or a prior directive of the Clerk, in relation to non-actively-managed civil matters not addressed above continue to be suspended until further notice.
No further extensions of time shall be granted beyond the deadlines set forth in AO-506, except in the case of extreme hardship, in which case applications may be made to the Clerk by e-mail to ad2clerk@nycourts.gov on which the other parties to the appeal must be copied.
For more information, please visit: http://www.courts.state.ny.us/courts/ad2/
and Second Department Lifts the Suspension of Filing Deadlines in a Limited Manner
