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Are the Courts open?
April 6, 2020
In March of 2020 itbecame evident that the corona virus would inevitably cause courthouses throughout the State of New York to close indefinitely.
The coronavirus has affected the court system in a dramatic way in New York State. As of yesterday, the state of the law has two cases pending in the court of appeals in the state of New York will not be heard for oral argument in April and May.
As far as divorce cases go, the only court filings that will be entertained will need to be accompanied by an emergency affidavit.
During the coronavirus, the New York State courts, including but not limited to those cases involving New York Divorce lawyers and Manhattan Family Court Lawyers, will be instituting various measures of relief in order to reduce thenumber of people in the court room. As of today’s, writing the Supreme Court of the State of New York is closed to the public.
However, there are some exceptions to the rule. For instance, beginning on March 25 and March 26, 2020 New York City criminal court and New York City Family Court will begin listening to cases by virtual court hearings performed through video or telecommunications. The types of cases the court will hear by telephone or video R child protection cases, juvenile delinquency cases, family events cases, and emergency writ applications as to custody and parenting time. As a result of Governor Cuomo’s executive order, new court filings that are not essential will not be excepted by the court clerk.
it appears as though each New York county will be handling their caseload differently. Therefore, it is important to call the court if you already have a scheduled court appearance to ascertain whether your case has been adjourned and to what date. If you are going through a custody or divorce appeal, and you had filing deadlines that we are set by the court hearing your appeal, then all filings and deadlines are being suspended until further notice of the court. That is, any cases that were pending on March 17, 2020 will be
indefinitely adjourned until you hear otherwise from the court.
Additionally, as reported in the New York Law Journal on March 20, 2020, The court is asking that if you tested for the COVID-19 virus and visited the courthouse between March 6 and March 20 to call the court immediately to report that so that the court can then trace their personnel and other attorneys who may have been at risk as a result of exposure to the virus. I will keep you updated as to the latest developments in the court system as this horrific pandemic continues. If you need further information, I refer you to the court website at www.nycourts.gov/alerts/ front.
Stay healthy and for now stay home!
Your Manhattan Divorce Lawyer Lisa Beth Older, Esq.