Governor Cuomo Extends Prior Executive Orders (NY)
Following his original Order of March 7, 2020, New York State Governor Cuomo issued several additional Orders in early June extending prior orders until July 9, 2020. Specifically, Executive Order No. 202.38, issued on June 6, 2020, mandated that commercial building owners, retail store owners, and property managers may have the discretion to conduct temperature checks of individuals entering their property and shall not be subject to claims for violation of quiet enjoyment or frustration of purpose due to their carrying out the Order. This Order also permitted restaurant owners to serve outdoor patrons and for houses of worship to permit 25% capacity, to the extent that disinfecting and social distancing guidance was followed. Governor Cuomo’s subsequent Executive Order No. 202.40 stated that this Order and the mandates in his original Order would be extended to July 9, 2020.
In line with the extension of Governor Cuomo’s Executive Orders, Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence K. Marks, announced on June 9, 2020, that judges and designated staff in the City of New York’s five boroughs – which have met the Governor’s established safety standards – would return to their courthouses on June 10, 2020. During this initial phase, all court business would continue to be conducted virtually to minimize foot traffic in the courthouses. Judge Marks stated that, as has been done in courts outside of New York City, which have been transitioning to Phase Two of a return to limited in-person court operations, in-person court operations in New York City would be re-established consistent with the Governor’s Executive Orders.
Furthermore, on June 11, 2020, Judge DiFiore and Judge Marks announced that courts in every judicial district outside of New York City have begun Phase Two of a gradual return to in-person court operations. The goal of Phase Two is to safely increase courthouse foot traffic gradually, in order to ensure select matters that require an in-person appearance may occur while also maintaining virtual appearances. The announcement noted that essential family matters would be conducted in-person, while criminal, juvenile delinquency, mediation, and other non-essential matters would continue to be held virtually in Phase Two and for all non-essential matters for courthouses remaining in Phase One.
We will continue to keep you updated on this ongoing issue.
Thanks to Joseph S. Anzalone for his contribution to this post. If you have any questions or comments, please contact Colleen Hayes.