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New court procedures ordered due to COVID-19, all nonessential functions postponed

By Billie Owens

Press release today, March 17, from the New York State Unified Court System, Hon. Paula L. Feroleto Administrative Judge:

Be advised that pursuant to Administrative Judicial Order of the New York State Unified Court System, the Courts of New York State have postponed all nonessential functions until further notice.

For all Court Outside of New York City, Court matters in each county will be condensed into one location where only ESSENTIAL cases will be heard. In Genesee County, the courthouse facilities where ESSENTIAL cases will be heard locally, as part of the Eighth Judicial District, are:

  • Genesee County Court, Genesee County Court Facility, Batavia
  • Batavia City Court, Genesee County Court Facility, Batavia

In the Eighth Judicial District, in the absence of approval by the Administrative Judge, Hon. Paula L. Feroleto, other than after hours arraignments, no court matters or court business will be conducted in any court facility other than the facilities listed above. Only ESSENTIAL court matters will be heard in these facilities.

After-hour criminal court arraignments and applications for emergency orders of protection will be conducted in the appropriate jurisdictional city, town or village justice court facility.

Effective immediately, in the absence of further Court Order, in all counties of the Eighth Judicial District:

1. All pending criminal court proceedings for defendants who have been arraigned and released on their own recognizance are administratively adjourned until a date on or April 30, 2020. For Defendants who have been arraigned and are in custody, all pending criminal court matters are adjourned until on or after April 15, 202. Defendants will receive new notices of their future scheduled court dates.

2. All criminal court matters scheduled to be heard for arraignments on criminal court appearance tickets in any city, town and village justice court are administratively adjourned until a date on or after April 30, 2020. Defendants will be notified of future court dates.

3. All post arraignment criminal court proceedings are administratively adjourned until a date on or after April 30, 2020. Defendants will be notified of future court dates through their attorneys. For pro se defendants, they will be advised of their future court date directly by the court.

4. Regular business day criminal court arraignments will be conducted in the courthouses listed above. After hour, weekend or holiday criminal court arraignments will be conducted in the appropriate jurisdictional city, town or village justice court facility.

5. All Orders of Protections and Temporary Order of Protection, issued by any Criminal, Family or Civil Court (including Supreme, County, Family, City, Town and Village Courts) are extended 90 days.

6. All nonessential pending civil actions and proceedings, in any Supreme, County, Surrogate’s City and Town and Village Court are administratively adjourned until a date on or after April 30, 2020. Parties in these actions and proceedings will be advised through their attorneys or pro parties will be advised directly by the Court.

7. All nonessential pending Family Court matters are administratively adjourned until a date on or after April 30, 2020. Parties in these actions and proceedings will be advised through their attorneys or pro parties will be advised directly by the Court.

8. For Criminal Court proceedings, essential court matters include, but are not limited to arraignments, new and extended orders of protection.

9. For Family Court proceedings, essential court matters include, but are not limited to, urgent juvenile delinquency proceedings, child protective proceedings where there is an imminent risk of harm to a child, urgent Family Offense matters, emergency support matters.

10. For Supreme Court Civil actions and proceedings, essential court matters include, but are not limited to, urgent Article 81 guardianship matters, Mental Hygiene Law applications (Retention Cases/Medication/Treatment Over Objection Proceedings), Orders to Show Cause, Extreme Risk Protection Orders, Applications for Orders of Protection, Isolation and Quarantine Proceedings.

11. For Surrogate’s Court proceedings, essential court matters include, but are not limited to, urgent guardianship, adoption and other essential cases as determined by the Court in consultation with the Administrative Judge.

  1. No evictions orders will be granted by any city, town or village justice court.

  2. No default judgments will be granted.

  3. No foreclosure auctions shall be held.

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