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People ex rel. Hamilton v Brann

Supreme Court of New York, Bronx County

April 2, 2020, Decided

260188/2020

Opinion

Ralph Fabrizio, J.

I, Andrew Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution of the Laws of the State of New York, hereby find . . . that a disaster is impending in New York State . . . and I do hereby declare a State disaster emergency for the entire state of New York . . . until September 7, 2020.

Executive Order, No. 202, March 7, 2020.

We have therefore made the assessment that COVID-19 can be classified as a pandemic.

Statement of Director-Counsel of the World Health Organization, March 11, 2020.

In accordance with the Directive of the Chief Judge of the State of New York to limit court operation to essential matters during the pendency of the COVID-19 health crisis, any specific time limit for the commencement, filing, or service of any legal action, notice, motion or other process or proceeding, as provided for by the procedural laws of the state, including, but not limited to, the criminal procedure law . . . is hereby tolled . . . until April 19, 2020.

Executive Order 202.8, March 20, 2020.

Pursuant to authority vested in me, in light of the emergency circumstances caused by the continuing COVID-19 [*2]  outbreak in New York State and the nation . . . I direct that, effective immediately and until further notice, no papers shall be accepted for filing by a county clerk or a court in any matter of a type not included on the list of essential matters annexed as Ex. A. Chief Judge Janet DiFiore, Administrative Order, AO/78/20 dated March 22, 2020.

Exhibit A . . . Essential Proceedings . . . (A) Criminal matters: (1) arraignments, (2), bail applications, reviews and writs, (3) temporary orders of protection, (4) resentencing of retained and incarcerated defendants, (5) essential sex offender registration act (SORA) matters.

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2020 N.Y. Misc. LEXIS 1390 *; 2020 NY Slip Op 50392(U) **

 [**1]  THE PEOPLE OF THE STATE OF NEW YORK ex rel. RUTH HAMILTON, Esq, on behalf of RAFAEL MARTINEZ, -against- CYNTHIA BRANN, COMMISIONER OF CORRECTIONS FOR THE CITY OF NEW YORK, And anyone having custody of Rafael Martinez, Respondents. Index No. 260188/2020

Notice: THIS OPINION IS UNCORRECTED AND WILL NOT BE PUBLISHED IN THE PRINTED OFFICIAL REPORTS.

CORE TERMS

arraignment, preliminary hearing, custody, due process, grand jury, felony complaint, reasonable cause, indictment, suspend, bail