Daily Coronavirus Update: Court of Appeals Amends Rules to Expand Digital Filings

By Christian Nolan

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Good evening Members,

The New York State Court of Appeals has issued a notice to the bar about digital filings through a companion upload portal similar to the state court’s Court-PASS system.

The Court of Appeals has amended its Rules of Practice to require, for motions and responses to Rule 500.10 jurisdictional inquiries, submissions in digital format as companions to the printed papers that are filed and served.

In the notice to the bar, John P. Asiello, chief clerk and legal counsel to the Court of Appeals, explained that the court has also amended its Rules of Practice to reduce the number of printed copies that must be filed from six to one for civil motions for leave to appeal, reargument motions and papers in opposition to those motions.

Motions submitted with proof of indigency may still be made on one set of papers. Parties can request to be relieved of the digital submission requirements based on a showing of undue hardship.

The amended rules are effective May 27, 2020. Any responses to Rule 500.10 jurisdictional inquiries requested on or after May 27 and any motions returnable on or after June 1, must comply with the amended rules.

Click here for the full details.

NYSBA Advocates for Nonprofits

NYSBA President Hank Greenberg has sent a letter to Speaker of the House Nancy Pelosi and Senate Minority Leader Kevin McCarthy urging them to expand relief under the Paycheck Protection Program to include organizations established under 501(c)(6) of the Internal Revenue Code.

Currently, trade and professional associations that operate as 501(c)(6) organizations are not eligible to apply for grants and loans through the Paycheck Protection Program.

Greenberg noted in the letter that the coronavirus pandemic has caused significant disruption to in-person meetings and programs run by NYSBA and its 26 Sections and 60 Committees. He said NYSBA and other 501(c)(6) organizations throughout New York State will undoubtedly suffer adverse consequences due to reduced revenues, which will in turn impact many employees and their families.

“Including 501(c)(6) organizations as participants in the Paycheck Protection Program would help provide much-needed assistance to an important segment of New York State’s and America’s economy,” wrote Greenberg. “Accordingly, I respectfully urge Congress provide relief to small businesses operating as 501(c)(6) organizations by including language in the next stimulus package to grant them eligibility to participate in the Paycheck Protection Program.”

House Democrats introduced a new stimulus package today called the Heroes Act, which appears to include all 501(c) organizations in eligibility for the Paycheck Protection Program.

The House will vote on the 1800-plus page bill on Friday where it is expected to pass. Support for the bill, however, is not expected in the Republican controlled Senate.

COVID-19 Webinars

On Wednesday, May 13 – Who Has the Constitutional Authority to “Reopen” the Country’s Economy in Light of the COVID-19 Health Crisis. An insightful discussion with one of the nation’s leading constitutional law scholars, Dean and Distinguished Professor of Law Erwin Chemerinsky of Berkeley Law.

On Thursday, May 14 – Estate and Gift Tax Planning During the Coronavirus Pandemic. Learn why now is the ideal time to make tax-free gifts by taking advantage of depreciated asset values that are likely to rebound.

Latest NYSBA.ORG Coronavirus News

We are adding new content each day to our website related to the coronavirus public health emergency and its impact on the legal community.

Today, we take a look at who can reopen America in anticipation of tomorrow’s discussion with one of the nation’s leading constitutional law scholars, Erwin Chemerinsky, dean of Berkeley Law.

We also take a look at how mediation may be the best option for divorced families dealing with the impacts of COVID-19.

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