Fair hearing rules are among the New York law changes, prompted by the Novel Coronavirus (COVID-19), which impact Trusts & Estates attorneys and Elder Law attorneys.
The New York Governor’s Executive Order 202.5, dated March 18, 2020, temporarily suspends or modifies some sections of the New York Codes, Rules and Regulations, to the extent necessary to allow or require appearances by any parties to a fair hearing by written, telephonic, video or other electronic means.
The sections affected are:
18 NYCRR 358-4.3: Responsibilities and rights in the fair hearing process
18 NYCRR 358-5.12: Telephone hearings
18 NYCRR 358-5.13: Video hearings
Note that these changes were effective through April 17, 2020. Executive Order 202.14 extended them through May 7, 2020. Executive Order 202.28 extended them until June 6, 2020. Executive Order 202.38 extended them until July 6, 2020. Executive Order 202.48 extended them until August 5, 2020. Executive Order 202.55 extended them until September 4, 2020. Executive Order 202.60 extended them through October 4, 2020. Executive Order 202.67 extended them through November 3, 2020. Executive Order 202.72 extended them through December 3, 2020. Executive Order 202.79 extended them through January 1, 2021. Executive Order 202.87 extended them through January 29, 2021. Executive Order 202.92 extended them until February 26, 2021. Executive Order 202.95 extended them until March 24, 2021. Executive Order 202.96 extended them through March 28, 2021. Executive Order 202.98 extended them until April 20, 2021. Executive Order 202.99 extended them until April 25, 2021. Executive Order 202.100 extended then until April 30, 2021. Executive Order 202.101 extended them until May 6, 2021. Executive Order 202.102 extended them until May 19, 2021. Executive Order 202.103 extended them through May 25, 2021. Executive Order 202.105 extended them through May 27, 2021. Executive Order 202.106 extended them through June 5, 2021. Executive Order 202.107 extended them through June 9, 2021. Executive Order 202.108 extended them through June 16, 2021. Executive Order 202.109 extended them through June 24, 2021. Executive Order 202.10 extended them through July 5, 2021.
Executive Order 202 had declared a disaster emergency in the State of New York in response to the COVID-19 pandemic. Executive Order 210, signed by the governor on 06/24/2021, states that Executive Order 202 is no longer necessary due to flattening the curve of COVID-19, slowing transmission, administering the vaccine and lowering the infection rate. Executive Order 210 rescinded Executive Order 202, effective 06/25/2021.
Executive Orders can be found on the New York Governor’s website
www.governor.ny.gov
Click on Executive Orders
Posted 04/12/2020. Updated 06/26/2021