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COVID-19 UPDATE: New York State Courts Preclude Non-Essential Court Filings

New York, New York–March 22, 2020–This evening, as a result of the COVID-19 outbreak in New York State and the nation, the Chief Administrative Judge of the Courts of the State of New York issued Administrative Order 78/20, which precludes any filings in any New York State Court, including electronic filings, concerning matters that are not deemed to be “essential” until further notice. In connection with civil cases in the Supreme Court, “essential” is defined as follows:

  1. Mental Hygiene Law (MHL) applications and hearings addressing patient retention or
  2. MHL hearings addressing the involuntary administration of medication and other
    medical care
  3. newly filed MHL applications for an assisted outpatient treatment (AOT) plan
  4. emergency applications in guardianship matters
  5. temporary orders of protection (including but not limited to matters involving
    domestic violence)
  6. emergency applications related to the coronavirus
  7. emergency Election Law applications
  8. extreme risk protection orders (ERPO)
  9. any other matter that the court deems essential

Administrative Order 78/20 comes on the heels of Governor Cuomo’s March 20, 2020 Executive Order 202.8 in response to COVID-19, which, among other things, required a 100% in-person workforce reduction for non-essential businesses and tolled statutes of limitations in legal matters through April 19, 2020.

About Fensterstock, P.C.

Formed in 2018 by attorney Evan S. Fensterstock, a New York Rising Star business litigator for the last five consecutive years, Fensterstock, P.C. represents clients in complex, commercial litigation and employment matters in trials, appeals, and negotiations on both the plaintiff and defense side in New York state and federal courts, and in arbitration, in cases involving breach of contract, indemnification, breach of fiduciary duty, fraud, non-competition agreements and restrictive covenants, defamation, trade secret misappropriation, shareholder derivative suits, negligence, accounting and legal malpractice, false light invasion of privacy, injunctions, and Sarbanes Oxley whistleblower actions. The Fensterstock name has been respected by the legal community for nearly a century, starting with New York Assistant Attorney General Nathaniel Fensterstock (1916-1988), Evan Fensterstock’s grandfather, who wrote the History of New York Social Welfare Legislation in 1941, and Blair C. Fensterstock (1950-2017), Evan Fensterstock’s late father, a Columbia Law Graduate, Harlan Fiske Stone Scholar, and a Top 100 Business Litigator, known for, among other notable matters, trying cases arising out of the 1993 World Trade Center bombings.

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