Good morning,
Happy New Year!
Wednesday evening, Governor Cuomo’s office posted Executive Order 202.87, his ninetieth Executive Order during the COVID-19 state of emergency. Executive Order 202.87, dated December 30, 2020, continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive contained in made by Executive Orders 202 up to and including 202.21 (found here), 202.27 (found here), 202.28 (found here), 202.29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), 202.63 (found here), 202.67 (found here), 202.68 (found here), 202.72 (found here), as continued and contained in Executive Order 202.79 (found here) for another thirty days through January 29, 2021. Executive Order 202.87 is effective from December 30, 2020 through January 29, 2021. A copy of Executive Order 202.87 can be found here.
SUSPENSION AND MODIFICATION OF LAWS
As with many previously issued executive orders, Executive Order 202.87 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 January 29, 2021. Executive Order 202.87 modifies or suspends the following applicable laws, codes, rules and regulations:
- Chapter 89 of the laws of 2020 to the extent necessary to provide that any member otherwise qualified to receive an accidental death benefit under this chapter who dies after December 31, 2020 shall be eligible to receive such benefit;
- Chapter 91 of the laws of 2020 to the extent necessary to provide that the ability of an individual to request an absentee ballot under the terms of such chapter, or chapter 138 of the laws of 2020 shall not expire on December 31, 2020 but shall continue in full force and effect;
- Paragraph (6) of subdivision (b) of part 405.4 of Title 10 of the NYCRR to the extent necessary to remove limits on working hours for physicians and postgraduate trainees;
- Section 25.30(1)(c) of the Arts and Cultural Affairs Law to the extent that, for purposes of an approved Department of Health demonstration program, an operator or an operator’s agent may utilize a paperless ticketing system that only allows a customer to transfer the ticket through the operator or the operator’s agent and subject to the terms and conditions set by the operator or the operator’s agent provided that a refund shall be offered for such ticket’s face value to any customer, subject to the terms and conditions set forth by the operator and consistent with the demonstration program; and
- Section 30.30 and Section 190.80 of the criminal procedure law are suspended to the extent necessary to toll any time periods contained therein for the period during which the criminal action is proceeding on the basis of a felony complaint through arraignment on the indictment or on a superior court information and thereafter shall not be tolled.
Long Point Advisors remains vigilant during this crisis, working continuously to ensure that you are protected in these uncertain times. As always, Long Point Advisors is a steady conduit to New York government officials, both state and local, on matters that are crucial to your business. A copy of this alert and all previous alerts can be found on my website at www.longpointadvisors.com.
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Stay safe.
Craig