On March 20, 2020, at the outset of the COVID-19 pandemic, then-governor Andrew Cuomo issued Executive Order No. 202.8, declaring that “any specific time limit for the commencement, filing or service of any legal action, notice, motion… is hereby tolled,” until April 19, 2020. Cuomo subsequently issued nine executive orders that extended the tolling or suspension of statutes of limitation and filing periods under New York law.
These follow-on executive orders stated that the “suspensions, and modifications of law” made in prior executive orders would continue. Most of the subsequent executive orders, however, did not use the word “toll,” unlike the initial Executive Order No. 202.8. Two of the executive orders did use the word “toll,” including Executive Order 202.67 issued on Oct. 4, 2020, which referenced that Executive Order No. 202.8 “tolled” time limits for commencing actions and other filings, and stated that for any civil case, “such suspension” would only be effective until Nov. 3, 2020, after which, “any such time limit will no longer be tolled.”