Good evening,
While the rest of the state was focused on Election Night returns, Governor Cuomo’s office posted Executive Order 202.72, his seventy-fifth Executive Order during the COVID-19 state of emergency. Executive Order 202.72, dated November 3, 2020, continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive contained in made by Executive Orders 202 up to and including 202.21 (found here), 202.27 (found here), 202.28 (found here), 202.29 (found here), 202.30 (found here), 202.31 (found here), 202.38 (found here), 202.39 (found here), 202.40 (found here), 202.41 (found here), 202.42 (found here), 202.43 (found here), 202.48 (found here), 202.49 (found here), 202.50 (found here), 202.51 (found here), 202.52 (found here), 202.55 (found here), 202.55.1 (found here), 202.56 (found here), 202.60 (found here), 202.61 (found here), 202.62 (found here) and 202.63 (found here), as continued and contained in Executive Orders 202.67 and 202.68, for another thirty days through December 3, 2020. Executive Order 202.72 is effective from November 3, 2020 through December 3, 2020. A copy of Executive Order 202.72 can be found here.
RESTORATION OF LAWS
Executive Order 202.72 also announces that certain directives as well as the suspension and modification of certain laws, codes and regulations that had occurred in previously issued Executive Orders will be discontinued. Pursuant to Executive Order 202.72, those previously suspended provisions now in full force and effect are as follows:
- Subdivision (a) of Section 301 of the Vehicle and Traffic Law, to the extent that it requires annual safety inspections and at least biennial emissions inspections, shall no longer be suspended or modified, and provided no penalty shall attach to the failure to obtain such inspection until December 1, 2020;
- Subdivision 1 of Section 491 of the Vehicle and Traffic law, to the extent that it provides for a period of validity and expiration of a non-driver identification card, shall no longer be suspended or modified;
- Sections 401, 410, 2222, 2251, 2251, and 2282(4) of the Vehicle and Traffic law, to the extent that it provides for a period of validity and expiration of a registration certificate or number plate for a motor vehicle or trailer, a motorcycle, a snowmobile, a vessel, a limited use vehicle, and an all-terrain vehicle, shall no longer be suspended or modified, but provided that no penalty shall attach to the failure to extend such registration until December 1, 2020;
- Section 420-a of the Vehicle and Traffic law, to the extent that it provides an expiration for temporary registration documents issued by auto dealers shall no longer be suspended or modified;
- Pursuant to Executive Order 202.67, the suspension for civil cases 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 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 no longer in effect as of November 4, 2020, provided any criminal procedure law suspension remains in effect and provided that all suspensions of the Family Court Act remain in effect until November 18, 2020 and thereafter continue to remain in effect for those juvenile delinquency matters not involving a detained youth and for those child neglect proceedings not involving foster care; and
- To the extent Executive Order 202.61 modified subdivision 1 of section 579 of the Public Health Law to require reporting of COVID-19 and influenza test results by additional clinical laboratories within 3 hours, such modification is continued and amended to permit such laboratories to report results to the Department within 24 hours, provided the Department may require more frequent reporting if deemed necessary.
MODIFICATION OF LAWS
As with many previously issued executive orders, Executive Order 202.72 also suspends or modifies certain laws, codes, rules and regulations to aid in New York’s efforts to combat the COVID-19 crisis, this time through December 3, 2020. Executive Order 202.72, by modifying or suspending the applicable laws, codes, rules and regulations, to the extent necessary:
- Sections 732 and 743 of the Real Property Actions and Proceedings Law are modified to the extent necessary to provide that the time to answer in any summary eviction proceeding for nonpayment of rent that is pending on the date of the issuance of this Executive Order will be sixty days.
NEW DIRECTIVE
Finally, Executive Order 202.72 issues a new directive through December 3, 2020. Pursuant to Executive Order 202.72,
- The directive contained in Executive Order 202.61, along with implementing guidance, requiring clinical laboratories and licensed professionals authorized by the Department of Health Physician Office Laboratory Evaluation Program to administer a test for COVID-19 or influenza to report results of COVID-19 and influenza tests to the Department within three hours, is hereby modified to permit clinical laboratories and those licensed professionals with reporting requirements to report results to the Department within 24 hours, provided the Department may require more frequent reporting if deemed necessary.