New York and New Jersey Issue Orders Extending Particular Limitation Periods and Filing Deadlines Due to Hurricane Sandy

Due to Hurricane Sandy, which has caused extraordinary damage and disruption in the states of New York and New Jersey, including, but not limited to, widespread power and utility outages, extensive transportation problems, and dislocation of employees and residents, the Governor for the State of New York has extended time periods established pursuant to the New York Civil Practice Law and Rules relating to Statute of Limitations and filing of appeals; the United States District Court for the Southern District of New York to the Court of Appeals for the Second Circuit has extended its deadlines for the filing of motions and appeals; and the United States District Court for District of New Jersey has issued an Order extending its filing dates.

Andrew Cuomo, Governor of the State of New York, issued an Executive Order relating to Statute of Limitations, wherein limitation periods established under the Civil Practice Law and Rules concluding on October 26, 2012, the date the disaster emergency was declared, have been suspended until further notice.  Similarly, time periods in which to appeal established under the Civil Practice Law and Rules concluding on October 26, 2012, have also been temporarily been suspended until further notice.

The United States District Court for the Southern District of New York to the Court of Appeals for the Second Circuit has extended deadlines concluding on October 29, 2012, for the filing of any appeal from the United States District Court for the Southern District of New York to the Court of Appeals for the Second Circuit, and the filing of any paper in a case pending in this Court until November 5, 2012.

In New Jersey, the United States District Court for District of New Jersey has issued an Order extending filing dates in this Court concluding on October 29, 2012, until November 7, 2012.

We will provide you with any modifications of these Orders that may develop, as well as any new Orders that are issued in light of the aftermath of Hurricane Sandy.