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The Notice Of Pendency’s Expiration Was Tolled By The Covid-19 Executive Orders

Under CPLR 6513, a notice of pendency is effective for three years from its date of filing.  As such, the Notice of Pendency herein, filed on May 5, 2017 would normally have expired on May 4, 2020.  However, because Executive Orders signed by Governor Cuomo during the COVID-19 Emergency tolled all judicial deadlines for a period of 56 days, the Notice of Pendency now expires on June 28, 2020, and is subject to further extension by future Executive Orders.

Executive Order 202.8, signed on March 20, 2020, provides in relevant part:

I, Andrew M. Cuomo, Governor of the State of New York, … hereby temporarily suspend or modify, for the period from the date of this Executive Order through April 19, 2020 the following:

In accordance with the directive of the Chief Judge of the State to limit court operations to essential matters during the pendency of the COVID-19 health crisis, 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, is hereby tolled from the date of this executive order until April 19, 2020; … 

Executive Order 202.14, signed on April 7, 2020 provides, in relevant part:

I, Andrew M. Cuomo, Governor of the State of New York, … do hereby continue the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until May 7, 2020 …. 

Executive Order 202.18, signed on April 16, 2020, further extended the stay through May 15, 2020, providing:  “Executive Order 202.14, which extended the provisions of Executive Orders …  202.8 … is hereby continued, provided that the expiration date of such provisions  shall be … 11:59 p.m. on May 15, 2020, unless later extended by a future Executive Order.” 

As such, under Executive Orders 202.8, 202.14 & 202.18, all procedural time limits and deadlines, including the expiration of the term of effectiveness of notices of pendency under CPLR 6313, have been tolled for the 56 day period from March 20, 2020 through May 15, 2020.  Accordingly, the May 5, 2017 Notice of Pendency filed in this action will now expire on June 27, 2020.

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