Judge Alicia Gerez
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Letter
Proposed Preliminary Conference Form
Courtesy copies
Court-wideMotion
Court-wide
Adjournments
- An adjournment request must include a letter stating the reason and whether all parties consent.
- Discovery dates established by a court order may not be adjourned.
- Unexcused or unjustified failures to comply with court-ordered requirements or deadlines may result in costs, sanctions, penalties, or other remedies.
- +5 more
Request must include
- A conference-adjournment application must be submitted by email to the Part and NYSCEF at least seven days before the scheduled conference.
Communication
Chambers
Page & Word Limits1 rule
All motions submitted must comply with word counts as outlined in the CPLR.
Document Filing Requirements9 rules
Parties must submit a Statement of Material Facts with their motions.
- Document
- Motion
Must include
- •Statement of facts
(1) File an RJI (Request for Judicial intervention); *indicate Request for Preliminary Conference
- Document
- RJI
Include
- •Request for Preliminary Conference
(3) Complete the fillable Compliance Conference Order form and submit to the Court at least seven (7) days in advance of the scheduled conference date.
A letter explaining the context and need for the proposed subpoena must accompany the subpoena request email.
Court's wording
When requesting that the Court So Order a Subpoena, in addition to uploading the Subpoena to NYSCEF, parties must send an email of the proposed Subpoena along with a letter to the Court explaining the context and need for the proposed Subpoena to the Part email at BxSupCiv-IA19A-30@nycourts.gov.
The Court may accept a timely, nonidentical proposed order in lieu of a Compliance Conference appearance if submitted at least seven days in advance and approved by the Court.
Court's wording
A proposed Order may be accepted in lieu of an appearance for a Compliance Conference when: (1) the proposed Order is timely submitted, at least seven (7) days in advance of an upcoming conference; (2) the proposed Order is not identical to the previous Order; and (3) the Court approves of the contents of the Order.
A sufficiently detailed status update may replace a Status Conference appearance if emailed at least seven days in advance and accepted by the Court.
Court's wording
A status update may be accepted in lieu of an appearance for a Status Conference when: (1) the status update is timely provided to the Part email at least seven (7) days in advance of an upcoming conference; (2) the status update provides sufficient detail, including dates and efforts made; stating simply that Surrogate’s Court is working on a case is insufficient; and (3) the Court accepts the update.
Additionally, vague phrases such as “all discovery not yet provided” may not preserve any rights and shall be used sparingly.
Any party interested in referring a case for Alternative Dispute Resolution (“ADR”) is directed to conspicuously indicate their interest in ADR on the Preliminary Conference and/or Compliance Conference Order.
When completing a proposed form for the Court’s review, Counsel is encouraged to use exact dates and refrain from open ended timeframes such as “on or about,” “within 45 days,” and so forth.
Filing & Service rules
Electronic Filing Rules
Required letters must be both emailed to the Court and uploaded to NYSCEF.
When a letter is required, it must be transmitted to the Court via email, as an attachment, to BxSupCiv-IA19A-30@nycourts.gov and uploaded to NYSCEF.
Civil cases
Page 2 | Letters and Communications to the Court
All motions must be filed electronically through NYSCEF.
All motions must be electronically filed. Parties must submit their motion on NYSCEF.
Civil cases
Page 2 | Filing a motion
Before filing the Note of Issue, all counsel must execute and file through NYSCEF a stipulation confirming that discovery is complete.
A Note of Issue and Certificate of Readiness may not be filed unless a stipulation executed by all Counsel, indicating that discovery is complete, has been filed via NYSCEF prior to filing the Note of Issue.
Civil cases
Page 3 | Note of Issue
After conferring with all counsel, the proposed Preliminary Conference form must be uploaded to NYSCEF and an emailed courtesy copy sent to the Court.
(3) Confer with all Counsel regarding the completion of a proposed Preliminary Conference form and submit same by both uploading the proposed form to NYSCEF and sending a courtesy copy to the Court via email at BxSupCiv-IA19A-30@nycourts.gov.
Civil cases
Page 4 | Preliminary Conferences
A proposed Compliance Conference Order must be emailed to the court and uploaded to NYSCEF.
Proposed Compliance Conference Orders must be sent to BxSupCiv-IA19A-30@nycourts.gov and uploaded to NYSCEF.
Civil cases
Page 5 | Compliance Conferences
A request to have the court order a subpoena requires uploading the subpoena to NYSCEF and emailing the proposed subpoena with an explanatory letter to the court.
When requesting that the Court So Order a Subpoena, in addition to uploading the Subpoena to NYSCEF, parties must send an email of the proposed Subpoena along with a letter to the Court explaining the context and need for the proposed Subpoena to the Part email at BxSupCiv-IA19A-30@nycourts.gov.
Civil cases
Page 5 | Subpoenas
Attorneys must convert every non-e-filed case to an e-filed case.
All attorneys are required to convert any non-e-filed cases into an e-file.
Civil cases
Page 6 | E-file Conversion
When a case settles, the parties must file a stipulation of discontinuance through NYSCEF and email notice of the settlement to the court.
Upon a case settling, parties must submit a stipulation of discontinuance via NYSCEF, and a letter informing the Court of same to BxSupCiv-IA19A-30@nycourts.gov.
Civil cases
Page 6 | Settlements
All parties must add their email addresses to the case in NYSCEF.
All parties are to add their email addresses to the case on NYSCEF.
Civil cases
Page 6 | E-file Conversion
Filing Timing and Cure Windows
The Court will not accept stipulations extending the time to move for summary judgment.
Stipulations to extend the time to move for summary judgment will not be accepted by the Court.
Civil cases
Page 2 | Motions for Summary Judgment
A motion for summary judgment must be filed within 90 days after the Note of Issue and Certificate of Readiness are filed.
Any motions for summary judgment must be made within ninety (90) days from the filing of the Note of Issue and Certificate of Readiness.
Civil cases
Page 2 | Motions for Summary Judgment
A Note of Issue and Certificate of Readiness must be filed by the deadline set at the final Compliance Conference.
A Note of Issue and Certificate of Readiness must be filed by the deadline imposed by the Court at the final Compliance Conference.
Civil cases
Page 3 | Note of Issue
The Compliance Conference Order must be submitted no later than seven days before the conference.
(3) Complete the fillable Compliance Conference Order form and submit to the Court at least seven (7) days in advance of the scheduled conference date.
Civil cases
Page 5 | Compliance Conferences
Absent extenuating circumstances, a Compliance Conference must be scheduled no later than four months after the Preliminary Conference order is signed, considering case complexity.
Absent extenuating circumstances (and factoring case complexity), a Compliance Conference will be scheduled no later than four (4) months after the Preliminary Conference order is signed.
Civil cases
Page 4 | Compliance Conferences
Status conferences will continue to be scheduled until the court receives both the stipulation of discontinuance and the settlement letter.
Status Conferences will be scheduled until a stipulation of discontinuance and a letter are received.
Civil cases
Page 6 | Settlements
Courtesy Copy Requirements
A courtesy copy of the motion-extension or adjournment request letter must be emailed to the Court.
To extend the time to move, and to adjourn a motion, parties must request permission from the Court by submitting a letter through NYSCEF and emailing a courtesy copy to the Court at BxSupCiv-IA19A-30@nycourts.gov.
Civil cases
Page 2 | Adjournments
Counsel must email the Court a courtesy copy of the proposed Preliminary Conference form.
(3) Confer with all Counsel regarding the completion of a proposed Preliminary Conference form and submit same by both uploading the proposed form to NYSCEF and sending a courtesy copy to the Court via email at BxSupCiv-IA19A-30@nycourts.gov.
Civil cases
Page 4 | Preliminary Conferences
Pre-Motion Conference Requirements
A discovery-dispute pre-motion conference application should be emailed to the Court and state the dispute's nature and applicable law.
The application should be made via email to BxSupCiv-IA19A-30@nycourts.gov, state the nature of the discovery dispute and the applicable law relative thereto.
Civil cases
Page 2 | Disclosure Disputes
Before filing a discovery motion, counsel should consult in good faith to try to resolve the discovery dispute.
Prior to making a discovery motion, Counsel should consult one another in a good faith effort to resolve any discovery disputes in compliance with Uniform Rule § 202.7(a)(2).
Civil cases
Page 2 | Disclosure Disputes
If a discovery issue cannot otherwise be resolved, the Court may schedule a conference; if unresolved at that conference, the Court will issue a briefing schedule for the motion.
Where possible, a conference will be scheduled by the Court if the issue cannot be otherwise resolved. If the discovery dispute is not resolved at the conference, a briefing schedule will be issued for the motion to be made.
Civil cases
Page 2 | Disclosure Disputes
If good-faith efforts do not resolve a discovery dispute, the Court strongly encourages an application for a pre-motion conference addressing the dispute and other discovery issues.
If the parties are unable to resolve a discovery dispute after good faith efforts, the Court strongly encourages that an application be made for a pre-motion conference to discuss the discovery dispute and all other discovery issues in the case.
Civil cases
Page 2 | Disclosure Disputes
For motions other than summary judgment, parties are strongly encouraged to request a conference before filing.
For all motions other than summary judgment, parties are strongly encouraged to request a conference to discuss the dispute prior to filing the motion.
Civil cases
Page 2 | Filing a motion
Adjournment & Extension Requirements
Deadlines in Preliminary or Compliance Conference Orders must be extended by a written request to the Court, and an extension is granted only upon a showing of good cause.
Extensions of deadlines set forth in a Preliminary or Compliance Conference Order must be requested from the Court in writing and shall only be granted upon a showing of good cause.
Civil cases
Page 1 | Compliance with Orders
Without good cause, failure to comply with a discovery order may result in penalties against the offending party and, where warranted, counsel.
Absent good cause, failure to comply with a discovery Order may result in the imposition of penalties upon the offending party and, where warranted, upon Counsel.
Civil cases
Page 1 | Compliance with Orders
Discovery dates established by a court order may not be adjourned.
All parties are cautioned that no adjournments are permitted of the discovery dates provided in an Order.
Civil cases
Page 1 | Compliance with Orders
Unexcused or unjustified failures to comply with court-ordered requirements or deadlines may result in costs, sanctions, penalties, or other remedies.
Unexcused or unjustified failures to comply with requirements and deadlines fixed by the Court in the subject Orders may result in the imposition of costs, sanctions, penalties or other remedies upon the offending party pursuant to section 130.2.1 of the Rules of the Chief Administrator, 22 NYCRR § 202.27, or other applicable rules or statutes, including but not limited to CPLR § 3126.
Civil cases
Page 1 | Compliance with Orders
Strict compliance with Preliminary and Compliance Conference Orders is required, and noncompliance may result in dismissal of the complaint or striking of an answer.
Strict compliance with Preliminary and Compliance Conference Orders is required (see Kihl v. Pfeffer, 94 NY2d 118 [1999] holding that when a party fails to comply with a court Order and frustrates the disclosure scheme set forth in discovery rules, it is well within trial court’s discretion to dismiss the complaint or strike an answer).
Civil cases
Page 1 | Compliance with Orders
An extension or adjournment request letter must state the reason, the new filing date, and whether all parties agree.
The letter must state the reason for the extension, the new filing date, and whether all the parties agree to the extension.
Civil cases
Page 2 | Adjournments
A party seeking to extend the time to move or adjourn a motion must submit a letter through NYSCEF and email a courtesy copy to the Court.
To extend the time to move, and to adjourn a motion, parties must request permission from the Court by submitting a letter through NYSCEF and emailing a courtesy copy to the Court at BxSupCiv-IA19A-30@nycourts.gov.
Civil cases
Page 2 | Adjournments
A conference-adjournment application must be submitted by email to the Part and NYSCEF at least seven days before the scheduled conference.
Any application to adjourn a conference must be made via email to BxSupCiv-IA19A-30@nycourts.gov and to NYSCEF at least seven (7) days prior to the scheduled date.
Civil cases
Page 4 | Adjournment of Conferences
An adjournment request must include a letter stating the reason and whether all parties consent.
Parties must submit a letter stating both the reason for seeking the adjournment, and whether all parties consent to the adjournment.
Civil cases
Page 4 | Adjournment of Conferences
Chambers Communication Rules
A required letter must be emailed to the Court as an attachment and uploaded to NYSCEF.
When a letter is required, it must be transmitted to the Court via email, as an attachment, to BxSupCiv-IA19A-30@nycourts.gov and uploaded to NYSCEF.
Civil cases
Page 2 | Letters and Communications to the Court
The proposed Compliance Conference Order must be emailed to BxSupCiv-IA19A-30@nycourts.gov.
Proposed Compliance Conference Orders must be sent to BxSupCiv-IA19A-30@nycourts.gov and uploaded to NYSCEF.
Civil cases
Page 5 | Compliance Conferences
The subpoena request email must include the proposed subpoena and a letter explaining its context and need.
When requesting that the Court So Order a Subpoena, in addition to uploading the Subpoena to NYSCEF, parties must send an email of the proposed Subpoena along with a letter to the Court explaining the context and need for the proposed Subpoena to the Part email at BxSupCiv-IA19A-30@nycourts.gov.
Civil cases
Page 5 | Subpoenas
A conference request must be emailed to the court with all parties copied and must identify the requested conference type and reason.
To request a conference, parties must send an email to BxSupCiv-IA19A-30@nycourts.gov, copy all parties, indicate the type of conference being requested, and the reason for the request.
Civil cases
Page 5 | Requesting a Conference
When a case settles, a letter informing the court must be emailed to BxSupCiv-IA19A-30@nycourts.gov.
Upon a case settling, parties must submit a stipulation of discontinuance via NYSCEF, and a letter informing the Court of same to BxSupCiv-IA19A-30@nycourts.gov.
Civil cases
Page 6 | Settlements
A status update must be emailed to the Part at least seven days before the upcoming conference to be considered timely.
(1) the status update is timely provided to the Part email at least seven (7) days in advance of an upcoming conference;
Civil cases
Page 3 | Rules Regarding Conferences
Should any case not be scheduled for a Pre-Trial Conference within four (4) months after the filing of the Note of Issue, the parties are to notify the Court via email at BxSupCiv-IA19A- 30@nycourts.gov and request such conference.
Should any case not be scheduled for a Pre-Trial Conference within four (4) months after the filing of the Note of Issue, the parties are to notify the Court via email at BxSupCiv-IA19A- 30@nycourts.gov and request such conference.
Civil cases
Page 5 | Pre-Trial Conferences
Communications with the Court, including questions and scheduling issues, should include all relevant parties and be sent by email to the listed chambers address.
Communications, including questions and scheduling issues, should include all relevant parties and be transmitted to the Court via email at BxSupCiv-IA19A-30@nycourts.gov.
Civil cases
Page 2 | Letters and Communications to the Court