This Is Your Last Tolling! -- Executive Order No. 202.67 Extends COVID-19 Tolling of Procedural Time Limits Through November 4, 2020

For the sixth time since New York's COVID-19 toll of "any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state, including but not limited to *** the civil practice law and rules, *** or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof" went into effect, Governor Cuomo's office has further extended that toll for another 30 days. 

Executive Order 202.67, dated October 4, 2020, "do[es] hereby continue the suspensions, modifications, and directives, not superseded by a subsequent directive, made by Executive Orders 202 up to and including 202.21, and 202.27, 202.28, 202.29, 202.30, 202.38, 202.39, 202.40, 202.48, 202.49, 202.50, as extended, and Executive Order 202.55 and 202.55.1, as extended, and Executive Order 202.60 for another thirty days through November 3, 2020[.]"

"Through" means including.  

EO 202.67 does, however, signal that this may be the last extension of the COVID-19 toll, adding:

The suspension in Executive Order 202.8, as modified and extended in subsequent Executive Orders, that tolled any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding as prescribed by the procedural laws of the state, including but not limited to the criminal procedure law, the family court act, the civil practice law and rules, the court of claims act, the surrogate’s court procedure act, and the uniform court acts, or by any statute, local law, ordinance, order, rule, or regulation, or part thereof, is hereby continued, as modified by prior executive orders, provided however, for any civil case, such suspension is only effective until November 3, 2020, and after such date any such time limit will no longer be tolled[.]

If Governor Cuomo means what he says and New York's COVID-19 toll is not continued past November 3, 2020, the magic number will be 229 -- 229 days added to the expiration date of the procedural time limit at issue, such as a statute of limitations or a contractual suit limitation.  I'll post more about that calculation on November 2nd.  

Those who want to know more about this toll by executive order may read my previous posts about it here and here and here.