WHEREAS, on October 26, 2012, I issued
Executive Order Number 47 declaring a disaster emergency in all 62
counties in the State of New York;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of
the authority vested in me by Section 29-a of Article 2-B of the
Executive Law to temporarily suspend specific provisions of any statute,
local law, ordinance, orders, rules or regulations, or parts thereof, of
any agency during a State disaster emergency, if compliance with such
provisions would prevent, hinder or delay action necessary to cope with
the disaster, I hereby temporarily suspend, for the period from the date
of this Executive Order until further notice, the following
laws:
Section 201 of the
Civil Practice Law and Rules, so far as it bars actions whose limitation
period concludes during the period commencing from the date that the
disaster emergency was declared pursuant to Executive Order Number 47,
issued on October 26, 2012, until further notice, and so far as it
limits a court's authority to extend such time, whether or not the time
to commence such an action is specified in Article 2 of the Civil
Practice Law and Rules;
Section 5513 of
the Civil Practice Law and Rules, so far as it relates to a limitation
period that concludes during the period commencing from the date that
the disaster emergency was declared pursuant to Executive Order Number
47, issued on October 26, 2012, until further notice;
Section 25 of the
Court of Claims Act, so far as it relates to a limitation of time to
appeal in which a limitation period concludes during the period
commencing from the date that the disaster emergency was declared
pursuant to Executive Order Number 47, issued on October 26,2012, until
further notice; Sections 30.1 0 and 30.30 of the Criminal Procedure Law,
so far as they may bar criminal prosecutions brought in Bronx, Dutchess,
Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland,
Suffolk and Westchester Counties, in cases whose limitation periods
conclude during the period commencing from the date that the disaster
emergency was declared pursuant to Executive Order Number 47, issued on
October 26, 2012, until further notice;
Subdivision (2) of
section 3 10.10 of the
Criminal Procedure Law, so far is it may limit the duration of a recess
of a deliberating jury in Bronx, Dutchess, Kings, Nassau New York,
Orange, Putnam, Queens, Richmond, Rockland, Suffolk and Westchester
Counties, in cases where such a recess was declared during the period
commencing from the date that the disaster emergency was declared
pursuant to Executive Order Number 47, issued on October 26, 2012, until
further notice;
Sections
460.10,460.30,460.50 and Article 460 of the Criminal Procedure Law, so
far as they relate to a limitation of time to appeal and such limitation
period concludes during the period commencing from the date that the
disaster emergency was declared pursuant to Executive Order Number 47,
issued on October 26, 2012, until further notice; and Section 11 13 of
the Family Court Act, so far as it relates to a limitation of time to
appeal and such limitation period concludes during the period
commencing from the date that the disaster emergency was declared
pursuant to Executive Order Number 47, issued on October 26, 2012, until
further notice;
In addition, I hereby temporarily suspend and modify, for the
period from the date of this Executive Order until further notice, any
other statute, local law, ordinance, order, rule or regulation or
part thereof, establishing limitations of time for the filing or service
of any legal action, notice or other process or proceeding that the
courts lack authority to extend through the exercise of discretion,
where any limitation of time concludes during the period commencing from
the date that the disaster emergency was declared pursuant to Executive
Order Number 47, issued on October 26, 2012, until further
notice.
GIVEN under my hand and the Privy Seal of
the State in the City of Albany this thirty first day of October in the year two thousand
twelve.
BY THE GOVERNOR
