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Law360 (March 20, 2020, 2:58 PM EDT ) A proposal by New York state senators to toll the statute of limitations in both criminal and civil cases in New York while the state deals with COVID-19 has drawn support from members of the legal community.
On Thursday, 18 state senators sent a letter to Gov. Andrew M. Cuomo asking that he use his power under the state's emergency laws to extend the statute of limitations in the state, noting that some courts were already postponing or halting certain functions as COVID-19, the disease caused by the novel coronavirus, continues to spread in the state.
Among the signatories is Senate Judiciary Committee Chair Brad Hoylman, Senate Crime Victims and Senate Crime & Corrections Committees Chair Luis Sepulveda and Senate Codes Committee Chair Jamaal Bailey.
"While the general public and the judicial branch of New York's state government are taking life-altering measures to limit exposure to COVID-19, the clock continues ticking on the time during which civil claims may be initiated and criminal charges filed," the letter said. "Prosecutors, litigants, and attorneys should not have to choose between placing themselves at risk of exposure to COVID-19 and pursuing civil and criminal justice."
The New York State Bar Association and New York Attorney General Leticia James have also echoed the call for the governor to press pause on the state's statutes of limitations.
"People should not be forced to choose between exercising their legal rights and jeopardizing their health," James said in a statement. "Right now, New Yorkers are faced with such a predicament — either they ignore calls for social distancing in order to submit documents to a court by a fixed deadline, or they abandon their right to seek justice through the judiciary all together."
"It is imperative that as we respond to the global pandemic, we also preserve the legal interests and rights of all New Yorkers," she added.
NYSBA President Henry M. Greenberg said in a public statement that he also supports the proposal, reiterating that people should not have to risk their health in order to pursue a legal case.
"The New York State Bar Association strongly supports the proposal from Senator Hoylman and his Senate colleagues to stop the clock on time limitations for filings," Greenberg said in a statement. "We urge the governor to act on this proposal as soon as possible."
Several other states have already taken measures to toll the statute of limitations in response to the COVID-19 virus, which has been declared a global health pandemic by the World Health Organization.
As part of its emergency order in response to the virus on Tuesday, the Rhode Island Supreme Court extended all filing and payment deadlines by 30 days. The Massachusetts Supreme Court, also on Tuesday, tolled the statute of limitations until April 21.
In New York's past, Former Gov. George E. Pataki used the office's emergency powers to suspend the statute of limitations in the wake of the attacks on the World Trade Center on Sept. 11, 2001.
--Editing by Alyssa Miller.
For a reprint of this article, please contact reprints@law360.com.
