Governor’s Executive Order 202.28 Extending Prior Orders

Subject to certain modifications, Governor Cuomo extended through June 6, 2020 his previous executive orders, (including his prior orders that tolled “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,” see EO 202.8 and EO 202.14. Among other things, EO 202.28 addresses the use of security deposits to pay rental arrears; addresses the use of electronic appearances under or in connections with Criminal Procedure Law Sections 182.30, 180.60, 180.80, and 190.80; stays for a period of sixty days beginning June 20, 2020, residential and commercial eviction and foreclosure proceedings and enforcement due to nonpayment, when the tenant or mortgagor is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic. Read the full Executive Order here.