Judge Erik L. Gray
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
Court-wideMotion
Court-wideOpposition, Reply
Court-wideProposed Order, Supporting Documents
Court-wide
Adjournments
- Requests for an initial conference or conference adjournment must be submitted by email to Mr. Roehling with all parties copied, proposed Thursday or Friday 9:30 a.m. dates, and notice of whether all parties consent; requesting an adjournment by phone or contacting the part is prohibited.
- Even by consent, an order to show cause may not be adjourned without prior court approval obtained by email to Mr. Roehling with all parties copied.
- A party may adjourn at any time a motion pending in the Motion Support Office without court leave by filing a stipulation of adjournment on NYSCEF.
Request must include
Communication
Chambers
Document Format Requirements1 rule
If an action is only partially discontinued, the stipulation of partial discontinuance shall clearly state in both the title and body who the action is being discontinued against and, when filed on NYSCEF, the “stipulation - partial discontinuance” choice (either post-RJI or pre-RJI) shall be selected under “available document types.”
Document Filing Requirements4 rules
Motions regarding disclosure disputes shall contain an affirmation of good-faith effort to resolve the dispute, pursuant to 22 NYCRR 202.7 (a) and (c) and 22 NYCRR 202.20-f (b).
A party using artificial intelligence to prepare a court document must disclose that use in the document.
- Document
- Court document
Must include
- •AI disclosure
Court's wording
Any party that has used artificial intelligence, including, but not limited to, ChatGPT, CoCounsel, or Lexis+ AI, in the preparation of any document filed with or submitted to the court shall advise the court of that fact in said document.
On inquests involving personal injury actions, plaintiff shall submit to the court Appellate Division case law that supports the award being requested.
Only the attorneys who will be trying the action may appear at the evidentiary hearing, and those attorneys shall bring the following to the hearing: requests to charge, proposed verdict sheets, documents they are seeking to introduce in evidence, a witness list, and any prior court order that will affect the summary jury trial.
Filing & Service rules
Electronic Filing Rules
If a motion becomes wholly or partially moot, a party must file a stipulation, notice, or letter on NYSCEF and promptly email it to Mr. Roehling.
Parties shall file a stipulation, notice, or letter on NYSCEF if a motion has become wholly or partially moot and shall notify the court as promptly as possible by e-mailing the stipulation, notice, or letter to Mr. Roehling, pursuant to 22 NYCRR 202.28 (b).
Civil cases
Page 3 | RESOLUTION OF MOTIONS
A request that a stipulation or subpoena be ordered must be filed on NYSCEF, include a supporting affirmation for a subpoena, and be emailed to Mr. Roehling because NYSCEF filing does not notify the identified court personnel.
Parties requesting that stipulations and/or subpoenas be so ordered shall file the request, together with an affirmation in support for a subpoena, on NYSCEF and shall e-mail the request to Mr. Roehling, as neither Mr. Fuller, Mr. Roehling, nor Justice Gray are notified when a document has been filed on NYSCEF.
Civil cases
Page 4 | STIPULATIONS AND SUBPOENAS
Unless the parties agree otherwise, defendants must file the stipulation of discontinuance on NYSCEF.
Absent an agreement to the contrary, defendants shall file the stipulation of discontinuance on NYSCEF, pursuant to CPLR 3217 (d).
Civil cases
Page 4 | SETTLEMENTS AND STIPULATIONS OF DISCONTINUANCE
When an action is settled, discontinued, or otherwise disposed of, the parties must file a stipulation of discontinuance on NYSCEF and immediately email it to Mr. Roehling.
If an action is settled, discontinued, or otherwise disposed of, parties shall file a stipulation of discontinuance on NYSCEF and shall immediately notify the court by e-mailing the stipulation to Mr. Roehling, pursuant to 22 NYCRR 202.28 (a).
Civil cases
Page 4 | SETTLEMENTS AND STIPULATIONS OF DISCONTINUANCE
A stipulation of adjournment must be filed electronically on NYSCEF to adjourn a motion without court leave.
Parties may, without leave of court, adjourn a motion returnable in the Motion Support Office, Room 217, at any time by filing a stipulation of adjournment on NYSCEF.
Civil cases
Page 3 | ADJOURNMENT OF MOTIONS
Motions in limine may be made and opposed orally or by filing informal motion papers on NYSCEF without a notice of motion.
Motions in limine shall be made and opposed orally or by filing informal motion papers (i.e., without a notice of motion) on NYSCEF.
Civil cases
Page 5 | JURY TRIALS
Filing Timing and Cure Windows
A motion for summary judgment must be made no later than 60 days after the note of issue is filed.
Motions for summary judgment shall be made no later than 60 days after the filing of the note of issue (see CPLR 3212 [a]).
Civil cases
Page 2 | MOTIONS FOR SUMMARY JUDGMENT
A note of issue may not be filed until the final Part 30 status conference has occurred, all parties have signed a stipulation that disclosure is complete, and a filing date has been provided at that conference.
A note of issue shall NOT be filed, under any circumstances whatsoever, until a final status conference has been held in Part 30 and a stipulation indicating that disclosure is complete has been signed by all parties at such conference and the parties have been given a note of issue date at such conference.
Civil cases
Page 4 | NOTE OF ISSUE
A motion for summary judgment must be made no later than 60 days after the note of issue is filed.
As previously stated, motions for summary judgment shall be made no later than 60 days after the filing of the note of issue (see CPLR 3212 [a]).
Civil cases
Page 4 | NOTE OF ISSUE
The court may vacate sua sponte a note of issue filed prematurely.
A note of issue that is filed prematurely may be vacated sua sponte.
Civil cases
Page 4 | NOTE OF ISSUE
Sealing & Redaction Procedures
Confidential personal information must be omitted or redacted from papers submitted for filing.
Parties shall omit or redact confidential personal information in papers submitted to the court for filing pursuant to 22 NYCRR 202.5 (e) (1).
Civil cases
Page 4 | REDACTION OF CONFIDENTIAL PERSONAL INFORMATION
Filing Bundling Requirements
Reply papers may not be submitted on an order to show cause.
Reply papers shall not be submitted on orders to show cause, pursuant to 22 NYCRR 202.8-d.
Civil cases
Page 3 | ORDERS TO SHOW CAUSE
Sur-reply papers and correspondence addressing a motion's merits are prohibited and will not be considered.
Sur-reply papers, including correspondence, addressing the merits of a motion are not permitted and will not be read or considered, pursuant to 22 NYCRR 202.8-c.
Civil cases
Page 3 | SUR-REPLY PAPERS
Pre-Motion Conference Requirements
Oral argument is mandatory for discovery-dispute motions and must follow full submission of the motion to the Motion Support Office.
Oral argument of motions regarding disclosure disputes are mandatory and, after the motion is fully submitted in the Motion Support Office, Room 217, shall be scheduled and held in person in Part 30 on Thursdays or Fridays at 9:30 a.m. or 2:30 p.m.
Civil cases
Page 3 | ORAL ARGUMENT
Oral argument is generally not permitted for summary-judgment and other substantive motions, but a party may request it and the court will decide case by case.
Oral argument of motions for summary judgment and other substantive motions will generally not be permitted (see 22 NYCRR 202.8-f), however, parties may request oral argument of a motion pursuant to 22 NYCRR 202.8-f (b). Requests for oral argument shall be decided on a case-by- case basis, pursuant to 22 NYCRR 202.8-f (a).
Civil cases
Page 3 | ORAL ARGUMENT
Adjournment & Extension Requirements
Even by consent, an order to show cause may not be adjourned without prior court approval obtained by email to Mr. Roehling with all parties copied.
Orders to show cause may not be adjourned, even on consent, without prior court approval, which shall be obtained by e- mailing Mr. Roehling and copying all parties on the e-mail.
Civil cases
Page 3 | ORDERS TO SHOW CAUSE
Requests for an initial conference or conference adjournment must be submitted by email to Mr. Roehling with all parties copied, proposed Thursday or Friday 9:30 a.m. dates, and notice of whether all parties consent; requesting an adjournment by phone or contacting the part is prohibited.
Parties may request an initial conference or an adjournment of a conference by e-mailing Mr. Roehling and copying all parties on the e-mail. Please include proposed new conference dates on a Thursday or Friday at 9:30 a.m. and advise Mr. Roehling whether the request is on consent of all parties. Parties may NOT call Mr. Roehling or contact the part to request an adjournment of a conference.
Civil cases
Page 2 | SCHEDULING AND ADJOURNMENTS OF CONFERENCES
A party may adjourn at any time a motion pending in the Motion Support Office without court leave by filing a stipulation of adjournment on NYSCEF.
Parties may, without leave of court, adjourn a motion returnable in the Motion Support Office, Room 217, at any time by filing a stipulation of adjournment on NYSCEF.
Civil cases
Page 3 | ADJOURNMENT OF MOTIONS
Chambers Communication Rules
A request for court approval to adjourn an order to show cause must be emailed to Mr. Roehling with all parties copied.
Orders to show cause may not be adjourned, even on consent, without prior court approval, which shall be obtained by e- mailing Mr. Roehling and copying all parties on the e-mail.
Civil cases
Page 3 | ORDERS TO SHOW CAUSE
A filing concerning a wholly or partially moot motion must be emailed promptly to Mr. Roehling.
Parties shall file a stipulation, notice, or letter on NYSCEF if a motion has become wholly or partially moot and shall notify the court as promptly as possible by e-mailing the stipulation, notice, or letter to Mr. Roehling, pursuant to 22 NYCRR 202.28 (b).
Civil cases
Page 3 | RESOLUTION OF MOTIONS
A stipulation of discontinuance must be emailed immediately to Mr. Roehling after filing.
If an action is settled, discontinued, or otherwise disposed of, parties shall file a stipulation of discontinuance on NYSCEF and shall immediately notify the court by e-mailing the stipulation to Mr. Roehling, pursuant to 22 NYCRR 202.28 (a).
Civil cases
Page 4 | SETTLEMENTS AND STIPULATIONS OF DISCONTINUANCE
A request that a stipulation or subpoena be ordered must be emailed to Mr. Roehling because NYSCEF filing alone does not provide notice to court personnel.
Parties requesting that stipulations and/or subpoenas be so ordered shall file the request, together with an affirmation in support for a subpoena, on NYSCEF and shall e-mail the request to Mr. Roehling, as neither Mr. Fuller, Mr. Roehling, nor Justice Gray are notified when a document has been filed on NYSCEF.
Civil cases
Page 4 | STIPULATIONS AND SUBPOENAS
A party filing informal papers on NYSCEF must immediately email the papers to Mr. Roehling.
If a party chooses to file informal papers on NYSCEF, they shall immediately e-mail the papers to Mr. Roehling.
Civil cases
Page 5 | JURY TRIALS
A virtual appearance may be requested only by email to Mr. Roehling with a specific reason; calling him or contacting the part is prohibited, and approval is case-by-case.
Parties may request a virtual appearance by e- mailing Mr. Roehling with the specific reason for the request. Parties may NOT call Mr. Roehling or contact the part to request a virtual appearance. Court approval to appear virtually shall be granted on a limited, case-by-case basis.
Civil cases
Page 2 | VIRTUAL APPEARANCES
Initial conference and adjournment requests must be sent by email to Mr. Roehling with all parties copied.
Parties may request an initial conference or an adjournment of a conference by e-mailing Mr. Roehling and copying all parties on the e-mail.
Civil cases
Page 2 | SCHEDULING AND ADJOURNMENTS OF CONFERENCES
Parties may not request a pre-note-of-issue settlement conference by telephone or by contacting the court part.
Parties may NOT call Mr. Roehling or contact the part to request a settlement conference.
Civil cases
Page 3 | PRE-NOTE-OF-ISSUE SETTLEMENT CONFERENCES
Parties may not request an order-to-show-cause adjournment by telephone or by contacting the court part.
Parties may NOT call Mr. Roehling or contact the part to request an adjournment of an order to show cause.
Civil cases
Page 3 | ORDERS TO SHOW CAUSE
A request for a pre-note-of-issue settlement conference should propose a Thursday or Friday date at 2:30 p.m.
Please include proposed settlement conference dates on a Thursday or Friday at 2:30 p.m.
Civil cases
Page 3 | PRE-NOTE-OF-ISSUE SETTLEMENT CONFERENCES
With unanimous consent, a party may request a settlement conference at any time by emailing Mr. Roehling and copying all parties.
Parties may request a settlement conference at any time, on consent of all parties, by e-mailing Mr. Roehling and copying all parties on the e-mail.
Civil cases
Page 3 | PRE-NOTE-OF-ISSUE SETTLEMENT CONFERENCES