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Second Circuit Extends Filing Deadlines in Sandy's Wake

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By Robyn Hagan Cain on November 02, 2012 1:59 PM

Many people in the Second Circuit Court of Appeals' tri-state reach are still coping with the devastating effects of Hurricane Sandy. While Vermont escaped the storm with relatively little damage -- only 7,000 people were without power as of Thursday -- President Obama has declared Connecticut and New York federal disaster areas, the Hartford Courant reports.

While the flood waters are receding, and some people are trying to return to work, many federal offices -- including the Second Circuit -- are still closed.

The Second Circuit and its four administrative offices will remain closed on Friday, November 2. Court personnel are working to restore services to the Daniel Patrick Moynihan Courthouse so the court can resume operations and oral arguments on Monday, November 5.

If you are trying to file a request for an emergency stay or other relief requiring immediate attention, you should contact the court at 646.584.2696.

The appellate court recognizes that Sandy has left many attorneys and pro se litigants with pending cases unable to meet imminent filing deadlines. Second Circuit Chief Judge Dennis Jacobs issued an order on Wednesday to give those affected more time to comply with filing deadlines. The order states:

A filing extension of seven calendar days is granted to filers who are required to submit a brief or other paper during the period beginning October 29, 2012 and ending when electrical power is restored to the locality where the filer works. The seven day extension will be calculated from the date power is restored in the filer's locality. When submitting the brief or paper to the Court the filer must submit a letter stating when the electrical power was restored to that locality.

This extension does not apply to a filer whose office is not located within the geographic area affected by Hurricane Sandy.

Much of Lower Manhattan -- where the Second Circuit Court of Appeals is located -- is still without power. ConEdison expects to have the city up and running again by Friday or Saturday.

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