New York courts
What is the deadline for toll for infancy or insanity?
The period for toll for infancy or insanity normally runs 3 years from cessation of the disability, or the death of the person under the disability, whichever occurs first, under CPLR 208(a). The period is measured in calendar years.
Calculate my deadline- Period
- 3 years
- Trigger
- Cessation of the disability, or the death of the person under the disability, whichever occurs first
- Rule
- CPLR 208(a)
New York rules as encoded, holiday calendar verified
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Calculate your deadline
Enter the date of cessation of the disability, or the death of the person under the disability, whichever occurs first. See the date, cited rule and counting steps.
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Which date starts the 3 years period?
The period runs from the cessation of the disability, or the death of the person under the disability, whichever occurs first.
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read New York Courts rules and legislation"If a person entitled to commence an action is under a disability because of infancy or insanity at the time the cause of action accrues, and the time otherwise limited for commencing the action is three years or more and expires no later than three years after the disability ceases, or the person under the disability dies, the time within which the action must be commenced shall be extended to three years after the disability ceases or the person under the disability dies, whichever event first occurs; if the time otherwise limited is less than three years, the time shall be extended by the period of disability. The time within which the action must be commenced shall not be extended by this provision beyond ten years after the cause of action accrues, except, in any action other than for medical, dental or podiatric malpractice, where the person was under a disability due to infancy."
CPLR 208(a)
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it.
Which date do I enter?How are the 3 years counted?
- Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or New York legal holiday, continue to the next day that is not one of those.
Exclude the trigger day and count calendar days under General Construction Law 20 (days).
If the final day is a Saturday, Sunday or legal holiday in the New York calendar, the computation rule carries it to the next open day.
New York computes time under General Construction Law 20 (days). The applied calendar bundles the state legal holidays for the covered years; court-specific closures and emergency orders are not bundled.
Read General Construction Law 20 (days)The calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.
Review the filing checklistWhat does a worked calculation look like?
Fictitious example
Assume the cessation of the disability, or the death of the person under the disability, whichever occurs first on Tuesday, September 1, 2026 (cessation of the disability, or the death of the person under the disability, whichever occurs first on this date, with no order, motion or extension affecting the period), with no order, motion, extension or local closure affecting the result. Exclude the trigger day and count calendar days under General Construction Law 20 (days). The last counted day falls on a weekend or legal holiday, so the deadline moves to the next open day. The example assumes no local rule, order or closure changes the default period.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Do not count this day | September 1, 2026 |
| Period ends | 3 years measured under the cited rule | September 3, 2029 |
Can an order, motion or extension change the deadline?
- Extensions
- None. A toll, not a discretionary extension. Does not apply to actions to recover a penalty or forfeiture, or against a sheriff or other officer for an escape.
- Orders and local rules
- A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
- None. A toll, not a discretionary extension. Does not apply to actions to recover a penalty or forfeiture, or against a sheriff or other officer for an escape.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
What should I check before filing?
These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.
Common questions
Find answers about when this 3 years period starts, how it is counted, what can change it and how to keep your calculation.
Starting the clock
Does the clock start on the cessation of the disability, or the death of the person under the disability, whichever occurs first, or when I first learned of it?
The period runs from the cessation of the disability, or the death of the person under the disability, whichever occurs first as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Counting days and filing
Which time zone and filing cutoff apply?
New York filing rules and the court’s electronic filing system set the cutoff. This calculator does not verify filing hours or system availability.
General Construction Law 20 (days)What if the court is inaccessible on the last day?
General Construction Law 20 (days) and the court’s administrative orders govern an inaccessible clerk’s office. Check the court’s notices. This calculator does not predict a closure.
General Construction Law 20 (days)Extensions and local rules
Can the court extend this deadline?
None. A toll, not a discretionary extension. Does not apply to actions to recover a penalty or forfeiture, or against a sheriff or other officer for an escape. A request does not itself extend the period, and no discretionary extension is calculated here.
Do local rules, standing orders or a scheduling order change the date?
They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.
Results, records and your case
What is included in an Evidence Record?
The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.
Official sources and review
The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.
| Provision | Purpose |
|---|---|
| CPLR 208(a) | Trigger and period |
| General Construction Law 20 (days) | Counting, holidays and the last day |
Rule record reviewed . Guide sources checked . Next source check .
Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.