This question is difficult to answer during the current COVID-19 situation. Everyone feels that their case is important, and as such, they should be able to see a judge and get some relief or assistance now. But, right now, the court is only hearing a list of cases, which are deemed to be essential cases. This means that if your case is not on the list, it is a non-essential case, and non-essential cases will be administratively adjourned by the court until this COVID-19 pandemic is over or until further direction by the Administrative Judge or Chief Judge. If your case is administratively adjourned, then the court will send you a new notice via mail, which includes the new court date. There is a system in place where the essential cases are being heard virtually or remotely. As of April 7, 2020, the Chief Administrative Judge Lawrence Marks issued a Memorandum, which can be found at here (PDF).
As per this Memorandum, essential cases are being heard virtually, and it is going well so far. As such, the court is shifting its focus and working on non-essential pending cases which, as per the Memorandum, “include tort (including medical practice and asbestos), commercial, matrimonial, trust and estates, felony and other categories of cases.” This means that the court will try to hear these pending cases electronically or telephonically. If attorneys request a conference to be held regarding issues in the case, then the jurist assigned can set this up during normal business hours. An example of an issue in which a conference might be beneficial is discovery. If you have one of these cases, then it is important that you speak with your attorney regarding your case as it might be heard within the coming weeks if it is on the court’s calendar or if there are any pressing issues. It is important that you are ready to present your case or issue to the jurist assigned. At the same time, the court is still prohibiting the filing of non-essential new cases at this time.
The judges in New York will also be able to determine motions that have been fully submitted to the court. The court is planning to take more steps within the upcoming weeks, but at this time it is important to stay abreast of the current situation and to check in daily to see if there are any changes.
Jayson Lutzky gives free consultations and can be reached at 718-329-9500. He has been practicing law for over 36 years in the Bronx and can help you with your legal matter. During this COVID-19 pandemic, he can set up an electronic meeting via Skype, Zoom, FaceTime, or WhatsApp, at this can be done on a mutually agreed upon time. If you are not working during COVID-19, then you might have free time. and this might be a great time to contact him and speak with him regarding your case.