NY Court Updates - Schiller, Knapp, Lefkowitz & Hertzel, LLP
The court has posted further information on the specific court re-opening process at the following link: https://www.nycourts.gov/limited-filings.shtmlThe Firm has reached out to the court to clarify the following exception section listed below- “Foreclosure and eviction matters continue to be unavailable for filing at this time.“
At this time, there is no longer a foreclosure or eviction dropdown option on the NYSCEF E-filing site. We will keep you updated as more information is received.
Expansion of E-filing in 14 Downstate Counties, Including the City of New York
Commencing on Monday, May 25, 2020, electronic filing through the New York State Courts Electronic Filing System (NYSCEF) – including the commencement of new matters – will be available in those 14 downstate counties which currently have not been included in stage one of the State's regional reopening plan – including the Mid-Hudson region (Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties), New York City (Bronx, Brooklyn, New York, Queens, and Richmond), and Long Island (Nassau and Suffolk). Following commencement, filing and service in such matters by represented parties (other than service of commencement documents) must be by electronic means through NYSCEF – mail or in-person filings will not be accepted. Unrepresented parties must file, serve and must be served in such matters by non-electronic means unless they expressly “opt in” to participate in the matter electronically.” More information about e-filing may be found at:
n.b.: Four Surrogate's Courts in New York City (New York, Kings, Bronx, and Richmond Counties) have authorized electronic filing commencing June 1, 2020. These courts will not accept NYSCEF filings prior to that date.
n.b.: The calendaring of Small Claims Assessment Review (SCAR) proceedings in Nassau and Suffolk Counties shall be addressed at such time as the Long Island region reaches stage one of the State's reopening plan.
Expansion of Operations in All Courthouses in 48 Upstate Counties
Consistent with Governor Cuomo's plan for a phased reopening or public and private business in New York State, on May 18, 2020, the Unified Court System expanded operations in courthouses in three upstate regions that had satisfied various public health standards relating to the COVID-19 pandemic: the Finger Lakes (including Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming, and Yates Counties), the Southern Tier (Broome, Chemung, Chenango, Delaware, Schuyler, Steuben, Tioga, and Tompkins County), and the Mohawk Valley (including Fulton, Herkimer, Montgomery, Oneida, Otsego, and Schoharie Counties).
On May 20, 2020, UCS further expanded operations in an additional two regions: the North Country (Clinton, Franklin, St. Lawrence, Jefferson, Lewis, Hamilton, and Essex) and Central NY (Oswego, Cayuga, Cortland, Onondaga, and Madison).
On May 21, 2020, UCS expanded in-courthouse operations in the Western New York region (Western New York: Allegany, Cattaraugus, Chautauqua, Erie, and Niagara Counties).
Finally, on May 26, 2020, UCS will expand in-courthouse operations in the Capital Region (Albany, Columbia, Greene, Rensselaer, Saratoga, Schenectady, Warren, and Washington Counties).
In the first phase of this expansion, judges, chambers staff, and some additional personnel will return to each courthouse (including City Court courthouses) to expand in-court operations in a manner consistent with current health protocols – wearing masks and gloves, continuing to implement social distancing, and taking other appropriate precautions. In addition, courts in these 48 counties will continue to be open to limited personal appearances by public visitors – principally for the filing of emergency applications and papers in essential matters. However, out of continued concern for public and court staff health and safety, the UCS will continue to limit foot traffic in its courthouses wherever possible.
Several features of this expansion of operations are especially notable:
Commencement of New Matters in 48 Counties: By Executive Orders AO/111/20 and AO/114/20, Chief Administrative Judge Lawrence K, Marks authorized the commencement of new civil matters in the 48 counties in the Finger Lakes, Southern Tier, Mohawk Valley, North Country, Central, Western, and Capital regions.
NYSCEF: To the extent that electronic filing (consensual or mandatory) through the New York State Courts Electronic Filing System (NYSCEF) is authorized in courts and case types in these 48 counties, these cases must be commenced as or converted to NYSCEF e-filed matters in order to proceed at this time. Following such commencement or conversion, represented parties must file and serve documents (other than service of commencement documents) by electronic means through NYSCEF or, where permitted under e-filing rules, by mail. Unrepresented parties must file, serve and must be served in such matters by non-electronic means unless they expressly “opt in” to participate in the matter
electronically.” For more information about e-filing, please contact the NYSCEF Resource Center at contact resource center at firstname.lastname@example.org .
Mail/EDDS: To the extent that NYSCEF electronic filing is unavailable in courts or case types in these 48 counties, new matters must be commenced by mail. In pending matters, and in new matters following commencement, documents must be submitted for filing either through the Unified Court System's Electronic Document Delivery System (EDDS) or by mail (but not by personal delivery). More information about EDDS can be found at https://iappscontent.courts.state.ny.us/NYSCEF/live/edds.htm Service (other than service of commencement documents) must be by electronic means or by mail. However, unrepresented parties may file, serve and be served by non-electronic means.
Virtual Court Proceeding:. Virtual court proceedings -- in which judges, other court personnel, counsel and parties attend audio-visual conferences through Skype for Business -- will continue throughout New York State as in recent weeks, including in these 48 counties.
Daytime Arraignments of Town and Village Proceedings: Daytime town and village court arraignments will continue to take place at a centralized court location as in recent weeks, including in these 48 upstate counties.
Exceptions: Foreclosure and eviction matters continue to be unavailable for filing at this time.
These are critical steps in the Court System's return to full in-court operations, in a manner that continues to assure the greatest possible protection of the health and safety of the public and our court personnel. It is anticipated that in-court operations will continue to expand in coming weeks.