Friday evening, Governor Cuomo posted Executive Order 202.76, his seventy-ninth Executive Order during the COVID-19 state of emergency. Executive Order 202.76, dated November 19, 2020, continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive contained in Executive Orders 202.36 (found here), 202.37 (found here), 202.46 (found here), 202.47 (found here), 202.54 (found here), 202.58 (found here) and 202.59 (found here), 202.65 (found here), as continued and contained in Executive Order 202.70 (found here) for another thirty days through December 19, 2020. Executive Order 202.76 also modifies or suspends certain other laws, each of which are designed to address matters related to the COVID-19 crisis. Executive Order 202.76 is effective from November 19, 2020 through December 19, 2020. A copy of Executive Order 202.76 can be found here.
SUSPENSION OF LAW
As with many previously issued executive orders, Executive Order 202.76 also suspends or modifies certain laws to aid in New York’s efforts to combat the COVID-19 crisis, this time through December 19, 2020. To that end, Executive Order 202.76 modifies or suspends:
- Sections 1205, 1263 and 1266 of the Public Authorities Law, to the extent necessary to permit the relevant public authorities to receive comments concerning proposed fare, toll, rental, rate, charge or other fee adjustments through public hearings held remotely and through use of telephone conference, video conference, and/or other means of transmission, including acceptance of public comments electronically or by mail, and to permit all required documentation and records to be available in an electronic format on the internet and upon request.
Executive Order 202.76 also announced the following additional ontinuations and modifications:
- Pursuant to Executive Order 202.72, all suspensions of the Family Court Act shall remain in effect until December 18, 2020. These suspensions will continue to remain in effect for those juvenile delinquency matters not involving a detained youth and for those child abuse and neglect proceedings not involving children that have been removed from their homes; and
- Notwithstanding any contrary provision in the Criminal Procedure Law, any appearance at a criminal proceeding may be conducted virtually by electronic appearance with the consent of the parties, including but not limited to bench trials, evidentiary hearings, CPL 440 hearings, and/or probation or parole violation hearings.