Friday morning, Governor Cuomo’s office posted Executive Order 202.106, his one hundred and ninth Executive Order during the COVID-19 state of emergency, and his ninth since the law limiting Governor Cuomo’s authority to issue such orders was enacted. Executive Order 202.106, dated May 6, 2021, continues the suspensions and modifications of law, and any directives, unless superseded, modified, or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until June 5, 2021, provided, however, that certain suspensions and modifications of law identified below have been rescinded. Executive Order 202.106 also modifies and extends the certain previously issued directive set forth below as well as terminates certain other previously issued directives. Executive Order 202.106 is effective from May 6, 2021 through June 5, 2021. A copy of Executive Order 202.106 can be found here.
LAWS NOW UNSUSPENDED
Pursuant to Executive Order 202.106, any and all prior suspensions and modifications of the Criminal Procedure Law presently in effect are rescinded, except as follows
- Any and all current suspensions and modification of Criminal Procedure Law Article 182 allowing for the expanded use of electronic appearances remain in effect.
- The current suspensions and modifications of Criminal Procedure Law sections 30.30 and 190.80 remain in effect through and including May 23, 2021 and are thereafter rescinded.
- The current modification of Criminal Procedure Law Section 150.40 extending the return date for an appearance ticket is hereby further modified reducing the timeframe from ninety to sixty days.
- The directive contained in Executive Order 202.97 that allowed indoor food services and dining at 50% capacity in New York City, is extended and modified to allow indoor food services and dining at 75% capacity in New York City beginning May 7, 2021, provided that Department of Health guidance and any other applicable State-issued guidance is strictly adhered to.
- The directive contained in Executive Order 202.60, as extended, that required in certain circumstances a coroner or medical examiner to administer a COVID-19 and influenza test within 48 hours after deaths, is extended and modified only insofar as to no longer require in such circumstances the administration of an influenza test.
- The directive contained in Executive Order 202.68, as extended and modified, that directed the Department of Health to determine areas in the State that require enhanced public health restrictions based upon cluster-based cases of COVID-19.
TAX PAYMENT EXTENSION
- Executive Order 202.106 also extends, by twenty-one days, the period for paying, without interest or penalty, property taxes that are due in the Village of Bellport, Suffolk County and in the Village of Chester, Orange County.