I received a comment from the no-fault blog from Turkewitz asking whether there was an provision in the CPLR that extends the SOL by a day if today is the last day to file. Almost all of the NYC courts are closed today on account of the snow.
The CPLR does not (See CPLR § 201) have a provision that extends; however, Judiciary Law § 282 does. I found one decision on point: Martin v. J.C. Penney Co., Inc., 275 A.D.2d 910 (App. Div., 4th, 2000). My search was more haphazard than thorough, so feel free to keep on searching. I found it funny that I couldn’t find the decision on the New York Official Reports site, but I found it after a two second search on Google Scholar.
Plaintiffs commenced this negligence action to recover damages for personal injuries sustained by plaintiff Yvonne H. Martin on January 4, 1996 when she allegedly slipped on water in defendant’s store. On January 4, 1999, the date on which the Statute of Limitations for plaintiffs’ action expired, a snowstorm in the City of Buffalo resulted in a travel ban and the closing of the Erie County Clerk’s Office. Plaintiffs did not file their summons and complaint until January 5, 1999. In denying defendant’s motion to dismiss the action as time-barred, Supreme Court determined that the Statute of Limitations was extended by the travel ban and closing of the County Clerk’s office on the last day of the limitations’ period. Defendant contends that the court had no authority to extend the Statute of Limitations. We disagree.
Judiciary Law § 282-a provides that, “[w]henever the last day on which any paper is required to be filed with a clerk of a court * * * expires on a Saturday, Sunday, a public holiday or a day when the office of such clerk is closed for the transaction of business, the time therefor is hereby extended to and including the next business day such office is open for the transaction of business.” Pursuant to County Law § 525(1), the County Clerk is the Clerk of the Supreme Court and County Court within his or her county. In Erie County, the Clerk of the Supreme Court is therefore the Erie County Clerk for the purpose of “filing, recording and depositing of * * * papers in actions” (County Law § 525 ). Here, there is no dispute that the Erie County Clerk’s office was closed for business on January 4, 1999 due to a snow emergency. Such emergency closing extended the filing of plaintiffs’ summons and complaint to the next day when the Clerk was open for the transaction of business ( see, Judiciary Law § 282-a; see also, County Law § 206-a  ). Plaintiffs filed their summons and complaint the following day, and thus their filing was timely.
There you have it. The bold is mine.