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AD3 ORDER LIFTING SUSPENSION OF DEADLINES PERTAINING TO PERFECTION OF APPEALS

by | May 28, 2020

State of New York Supreme Court, Appellate DivisionThird Judicial Department

ORDER LIFTING SUSPENSION OF DEADLINES PERTAINING TO PERFECTION OF APPEALS

In light of the expansion of Court functions as a virtual court as of April 13, 2020,
and to ensure the continuation of the Court’s important business, it is hereby
ORDERED that the order entered March 17, 2020 suspending perfection, filing
and other deadlines set forth by Court order or rule, is vacated; and it is further:
ORDERED that for any non-perfected matters in which the deadlines for
perfection were affected by the March 17, 2020 order suspending all deadlines, the
deadlines for perfection shall be set as follows:
If your deadline to perfect was: The perfection deadline is now:
March 17 – March 27 July 8
March 30 – April 10 July 15
April 13 – April 24 July 22
April 27 – May 8 July 29
May 11- May 22 August 5

For any perfection deadline on or after May 26 through June 22, the
deadline is extended an additional 45 days;
Any extension of time to perfect an appeal with a deadline after June 22
will require an application or motion as set forth in 22 NYCRR 1250.9 (b) and 22
NYCRR 850.9 (c);

The above schedule shall not apply to any perfection deadline issued on or
after March 17, 2020, in which case the court-ordered or directed deadline shall
control; and it is further

ORDERED that any other deadline suspended pursuant to the March 17,
2020 order but not specifically covered by the above schedule or schedule set
forth in the order entered May 6, 2020 lifting suspension of deadlines for the
filing of responding briefs is hereby extended 30 days from the date of this order;
and it is further

ORDERED that any pending motion for an extension of time to perfect that
was timely made prior to March 17, 2020 and pending as of that date are granted
to the extent that that the new perfection date is 45 days from the date of this
order; and it is further

ORDERED that any pending motions for an extension of time to perfect
filed on or after March 17, 2020 until the date of this order are academic in light
of the extension of time to perfect as set forth in the above schedule.
_________________________
Hon. Elizabeth A. Garry
Presiding Justice
Dated: May 22, 2020

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