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naraburns  nihil supernum  2yr ago (text post)   36904 thread views

Culture War Roundup for the week of April 3, 2023

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My understanding is that there is New York precedent for this. The practice is probably unconstitutional as an equal protection violation, but that would end up at SCOTUS.

What precedent?

Cuomo's executive order 202.8 and subsequent orders purporting to pause the statute of limitations from March to November of 2020 (in response to COVID) is the only thing that seems like it might be relevant, here, and even assuming those orders actually expanded the statute of limitations would only squeeze about half of the actions in the indictment into the timeframe. I don't think 202.8 etc. properly apply--see Baker v. 40 Wall St. Holdings Corp., 74 Misc. 3d 381 (Sup. Ct., Kings Co. 2022):

Plaintiff’s counsel misinterprets the Brash decision, which explains that the Governor did not toll all statutes of limitation, but only suspended them, due to the COVID-19 Pandemic, and that he terminated the suspension on November 3, 2020. Here, the statute of limitations did not run until April 30, 2021, and as such, was not affected in any way by the Governor’s Executive Orders. The court is cognizant that several court decisions have interpreted Brash as plaintiff’s counsel has, but is not bound by them, and does not agree with those interpretations.

But even 202.8 etc. do apply as those other decisions held, this is going to take a ruling from New York's Court of Appeals at minimum, and it still won't apply to everything in the indictment.

Have you got anything stronger than that?

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