Judge Marissa Soto
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Filings < 20 pages
Filings > 20 pages
Motion
Court-wideOpposition, Reply
Court-wide
Communication
Chambers
Chambers
Phone
Chambers
Chambers
Phone
Clerk
Document Format Requirements5 rules
f. Proposed orders need to be emailed to fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov in Microsoft Word format.
- File type
- Word
- Proposed order
n. Any proposed orders need to be emailed to Chambers in Microsoft Word format at to fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov.
- File type
- Word
- Proposed order
The specified decretal clause in an order to show cause seeking withdrawal of counsel must be in bold typeface.
Court's wording
i. Must contain the following decretal clause in bold typeface font: ORDERED, that plaintiff/defendant (name) must appear in court, in person/virtually on the date and at the place indicated above.
iii. The notice to the client must be in clear type of no less than 12 font, bold and uppercase font.
- Font size
- At least 12 points
- Notice to client
Formatting
- •Clear type
- •Bold
- •Uppercase
e. If a party proposes a PJI be modified, the complete PJI, incorporating the modified language must be submitted in hard copy as well as clean and redline Microsoft Word documents to Chambers and included in the exchanges referenced above.
Document Filing Requirements13 rules
b. Any good cause request for the extension of time to file a summary judgment motion must be argued by separate affirmation and be labeled accordingly.
o. PERSONAL APPEARANCE AND ORAL ARGUMENT IS REQUIRED ON ALL MOTIONS BROUGHT BY ORDER TO SHOW CAUSE.
l. Any party seeking immediate injunctive relief within an OSC must appear with the affected adversary (or with proof the adversary has been notified but declined to appear) when the application is presented for signature.
A motion for summary judgment shall be submitted by notice of motion only. This Court will not entertain motions for summary judgement submitted via orders to show cause.
An order to show cause seeking withdrawal of counsel must contain the specified decretal clause in bold typeface.
Court's wording
i. Must contain the following decretal clause in bold typeface font: ORDERED, that plaintiff/defendant (name) must appear in court, in person/virtually on the date and at the place indicated above.
i. Orders to Show Cause must comply with Uniform Rule 202.7(d). Thereafter, they are forwarded, by orders, to Chambers for consideration.
The specified withdrawal notice must be incorporated into the body of the order to show cause.
- Document
- Notice to client
- Placement
- Body of the document
Court's wording
ii. Incorporate the following text (select the appropriate options) in the body of the Order to Show Cause: NOTICE TO PLAINTIFF/DEFENDANT (name of client): YOUR ATTORNEY DOES NOT WANT TO REPRESENT YOU OR IS PRECLUDED FROM REPRESENTING YOU. THE COURT WANTS TO PROTECT YOUR RIGHTS, AND TO GIVE YOU AN OPPORTUNITY TO RESPOND TO THE STATEMENTS MADE BY YOUR ATTORNEY IN HIS/HER/THEIR AFFIDAVIT WHICH IS ATTACHED TO THESE PAPERS. IN ORDER TO FULLY PROTECT YOUR RIGHTS, YOU MUST APPEAR IN PERSON/VIRTUALLY VIA MICROSOFT TEAMS IN COURT AT 851 GRAND CONCOURSE, AT (leave blank) A.M./P.M. ON (leave blank) . AT THAT TIME, YOU MAY OBJECT OR CONSENT TO THE APPLICATION, AND YOU MAY PROVIDE ANY AND ALL INFORMATION WHICH YOU BELIEVE IS IMPORTANT REGARDING THIS APPLICATION. IF YOUR ATTORNEY IS PERMITTED AND/OR OBLIGATED TO WITHDRAW FROM YOUR CASE, YOU WILL BE REQUIRED TO FIND A NEW ATTORNEY OR REPRESENT YOURSELF IN CONTINUING TO PROSECUTE YOUR CASE/DEFEND YOURSELF IN THIS ACTION/PROCEEDING. THE MICROSOFT TEAMS CONFERENCE NUMBER AND PHONE CONFERENCE ID FOR THE VIRTUAL APPEARANCE WILL BE E-MAILED TO YOU AT THE E-EMAIL ADDRESS PROVIDED BY MOVANT. YOUR FAILURE TO APPEAR MAY RESULT IN YOUR ATTORNEY BEING RELIEVED AS YOUR COUNSEL AND YOU HAVING TO RETAIN NEW COUNSEL OR REPRESENT YOURSELF IN THIS MATTER.
vi. When presented the Order to Show Cause must provide the 1. email and 2. all known addresses to reach your client.
Motion filed by notice of motion still require the verbiage set forth above
- Document
- Motion to withdraw as counsel
Must include
- •Set forth above
i. Proposed order;
Include
- •Proposed order
n. Papers must contain all the information required by CPLR §§ 1207 and 1208.
o. All proposed infant compromise orders shall contain the following language: It is further Ordered that the Guardian shall, within thirty days of the deposit of the funds due the infant herein in the above designated bank(s), submit to the Clerk’s Office, Room 217, a copy of the Certificate of Deposit issued by said bank.
The initial filing should include a proposed order
Should include
- •Proposed order
Filing & Service rules
Electronic Filing Rules
When an action is settled, discontinued, or otherwise disposed of, counsel must both email the stipulation to Chambers and file the stipulation or notice with NYSCEF or the County Clerk.
If an action is settled, discontinued, or otherwise disposed of, counsel must file the stipulation by BOTH: i. Emailing chambers at fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov AND ii. file stipulation or notice to NYSCEF or the County Clerk.
Page 4 | General Rules
Documents or materials emailed to Chambers must be separately filed on NYSCEF or with the County Clerk because Chambers will not file or consider them for the litigant.
Any documents or materials submitted to Chambers by email must be separately filed on NYSCEF or with the County Clerk. Chambers will not file or consider such materials on litigant’s behalf and same could leave the record incomplete.
Page 4 | General Rules
Papers for motions brought by Notice of Motion may be filed through NYSCEF or at the County Clerk's Office in Room 118.
a. Moving papers are to be filed to NYSCEF and/or County Clerk’s Office in Room 118.
Page 5 | MOTION GUIDELINES
Filing Timing and Cure Windows
An email submission to Chambers is not deemed filed unless Chambers expressly states that it is.
Case filings sent via e-mail are not deemed filed unless explicitly stated by Chambers.
Page 4 | General Rules
a. A motion for summary judgment shall be made no later than sixty (60) days after the filing of the Note of Issue, except with leave of court on good cause shown.2 The Court will not accept any s to adjourn or otherwise extend this deadline.
a. A motion for summary judgment shall be made no later than sixty (60) days after the filing of the Note of Issue, except with leave of court on good cause shown.2 The Court will not accept any s to adjourn or otherwise extend this deadline.
Page 6 | MOTION GUIDELINES
Unless the court directs otherwise, a motion is marked submitted only after oral argument.
h. Unless otherwise directed by the court, motions are marked submitted after ORAL ARGUMENT.
Page 6 | MOTION GUIDELINES
A summary-judgment motion submitted before the rules were disseminated on February 26, 2022, will be accepted even if filed more than 60 days after the Note of Issue.
Summary Judgment motions submitted prior to the dissemination of this Part’s first rules on February 26, 2022, shall be accepted if filed later than 60 days after the Note of Issue is filed.
Page 6 | MOTION GUIDELINES
Service and Proof of Service Rules
A pro se litigant unable to email must file proof of service with the court no later than the day before the return date.
k. Pro Se litigants unable to email, must file proof of service with the Court by no later than the day prior to the return date. Non-compliance may result in denial of the Order to Show Cause.
Page 7 | 5a. Motions Brought By Order To Show Cause
For an order to show cause, proof of service must be emailed to the listed addresses by 9:30 AM on the return date, or the order may be denied.
j. Proof of service must be emailed to fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov by 9:30 AM on the return date. Non-compliance may result in denial of the Order to Show Cause.
Page 7 | 5a. Motions Brought By Order To Show Cause
Courtesy Copy Requirements
Working copies of e-filed motion papers and exhibits exceeding 20 pages must be provided at least two days before the submission date, with tabs identifying each exhibit.
THE COURT REQUIRES WORKING COPIES OF ALL E-FILED MOTION PAPERS AND EXHIBITS TOTALING MORE THAN 20 PAGES NO LESS THAN TWO (2) DAYS BEFORE THE SUBMISSION DATE. ALL SUCH COPIES SHOULD INCLUDE TABS THAT IDENTIFY EACH EXHIBIT.
Page 1 | Rules: Part 221
Failure to submit the required working copy may result in the papers being disregarded or the motion being denied without prejudice.
i. Failure to submit a working copy may result in papers being disregarded, or the denial of the motion without prejudice.
Page 6 | MOTION GUIDELINES
In an e-filed case, one tabbed working copy of motion papers exceeding 20 pages, including exhibits, must reach Chambers at least two days before the return date.
b. In all e-filed matters, a working copy of any motion papers totaling more than 20 pages including exhibits with tabs must be submitted to Chambers at least two days prior to the motion’s return date.
Page 6 | MOTION GUIDELINES
Chambers does not require a working copy when the electronically filed motion and exhibits together contain fewer than 20 pages.
c. Chambers does not require working copies of electronically-filed motion papers if motions and exhibits total is less than 20 pages.
Page 6 | MOTION GUIDELINES
Moving papers may be dropped off in courtroom 709 when that room is available.
d. Moving papers can be dropped off in courtroom 709 when available.
Page 6 | MOTION GUIDELINES
Filing Bundling Requirements
A motion seeking substantive relief may not be combined with an application for discovery relief.
a. No motion for substantive relief shall be joined with an application for discovery relief.
Page 5 | DISCOVERY
A motion seeking substantive relief may not be combined with any application for discovery.
e. No motion for substantive relief shall be joined with any application for discovery.
Page 6 | MOTION GUIDELINES
Pre-Motion Conference Requirements
Before filing a discovery motion, the parties must follow 22 NYCRR 202.20-f; if the dispute persists, they must seek a Tuesday pre-motion conference by email with a letter describing the issues and resolution attempts.
With respect to any discovery-related disputes, the parties will adhere to 22 NYCRR 202.20-f before filing a motion; if the dispute persists, the parties shall make an application for a pre-motion conference, which will be scheduled on the Tuesday calendar for the part. Such applications shall be made via email to fserrano@nycourts.gov. The parties shall attach a letter to said email specifying the issues and attempts made to resolve such disputes.
Page 5 | DISCOVERY
A motion to withdraw as counsel will not be decided unless there is a noticed appearance before the Court.
No motions to withdraw as counsel will be decided without a noticed appearance before the Court.
Page 9 | MOTIONS TO WITHDRAW AS COUNSEL BROUGHT BY NOTICE OF MOTION
Adjournment & Extension Requirements
A party in a non-e-filed case seeking an adjournment must email both listed addresses to request approval.
iv. Non-e-filed cases seeking adjournments must email fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov for approval.
Page 5 | Part 22 Operations
Consent adjournment requests must be written, emailed to the two listed addresses, and submitted through NYSCEF for approval, although approval is not guaranteed.
ii. Adjournment requests on consent must be in writing and emailed to fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov for approval and submitted to NYSCEF – again all will be reviewed and may not be granted.
Page 5 | Part 22 Operations
Every court-approved stipulated schedule will be enforced according to its written terms.
iii. All approved stipulated schedules will be enforced as written.
Page 5 | Part 22 Operations
A contested adjournment request must be emailed to both listed addresses and submitted through NYSCEF for approval.
i. Contested adjournment requests must be submitted by email to fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov and NYSCEF for approval.
Page 5 | Part 22 Operations
A consent-based adjournment request filed after a deadline does not change the deadline if denied, and the Court will post any approval on the docket.
NOTE: an adjournment request on consent filed after a deadline will not alter the deadline if denied. The Court will post the adjournment approval on the docket.
Page 4 | General Rules
The court will not consider telephone requests for an adjournment unless the circumstances are an emergency.
v. Telephonic applications for adjournments will not be entertained except in emergency circumstances.
Page 5 | Part 22 Operations
A third or later requested adjournment of an individual appearance or motion will probably be denied unless good cause is shown.
3. Adjournments after the second one requested on an individual appearance or motion, will be closely scrutinized and will more likely than not be denied unless good cause is shown.
Page 5 | Part 22 Operations
Adjournment requests for June-through-September appearances will be granted more readily because vacations are more likely during that period.
vi. Requests for adjournments for appearances from June through September will be more freely granted during this period to allow for the increased likelihood of vacations.
Page 5 | Part 22 Operations
Chambers Communication Rules
Counsel must immediately email both listed addresses about developments affecting a pending motion, including settlement, a stipulated adjournment, or withdrawal, and copy all other parties.
d. Please contact the Court by email to fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov immediately if there have been any developments in a case that would affect the resolution of a pending motion (i.e., settlement, stipulation to adjourn, withdrawal, etc.). Please make sure to copy all other parties.
Page 6 | MOTION GUIDELINES
Proposed orders must be emailed to the listed court addresses.
f. Proposed orders need to be emailed to fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov in Microsoft Word format.
Page 7 | Motion Guidelines
Any proposed order must be emailed to Chambers at the listed addresses.
n. Any proposed orders need to be emailed to Chambers in Microsoft Word format at to fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov.
Page 7 | 5a. Motions Brought By Order To Show Cause
For a virtual hearing, the movant must forward the Microsoft Teams invitation to the subject party.
iv. If the hearing is held virtually, the Movant is to forward the Microsoft Teams invite to the subject party.
Page 8 | WITHDRAWAL AS COUNSEL
Before filing a notice-of-motion request to withdraw as counsel, the movant must email Chambers at the stated address to obtain available return dates.
Prior to filing a motion to withdraw as counsel by Notice of Motion, movant must contact Chambers for available return dates at fserrano@nycourts.gov
Page 9 | MOTIONS TO WITHDRAW AS COUNSEL BROUGHT BY NOTICE OF MOTION
To request a status or settlement conference, the parties must agree on a date and time, email the request to Chambers, and copy all parties.
Parties shall confer with one another and come up with an agreeable date and time, e-mail the request to Chambers at fserrano@nycourts.gov , and cc all parties.
Page 9 | PLEASE ADHERE TO THE FOLLOWING GUIDELINES TO REQUEST A STATUS OR SETTLEMENT CONFERENCE
A request for an in-person appearance must be emailed to both listed addresses with all parties copied.
Requests for in person appearances must be emailed, cc’ing all parties, to fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov.
Page 10 | VIRTUAL AND IN PERSON APPEARANCES
The Court must be contacted immediately about developments affecting a pending motion, and all other parties must be copied on emails sent to the listed addresses.
m. Please contact the Court immediately if there have been any developments in a case that would affect the resolution of a pending motion (i.e., settlement, stipulation to adjourn, withdrawal, etc.). Please make sure to copy all other parties in the case on any e-mail sent to fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov .
Page 7 | 5a. Motions Brought By Order To Show Cause
A party experiencing personal or technical issues connected to a virtual appearance must immediately telephone the Part Clerk or Chambers.
IF YOU ARE EXPERIENCING ANY PERSONAL OR TECHNICAL ISSUES IN CONNECTION WITH A VIRTUAL APPEARANCE, PLEASE CONTACT THE PART CLERK OR CHAMBERS BY TELEPHONE IMMEDIATELY.
Page 10 | VIRTUAL AND IN PERSON APPEARANCES
A person appearing without counsel who has technology concerns should contact opposing counsel and jointly contact Chambers by phone as soon as possible to address those concerns.
ANYONE APPEARING WITHOUT COUNSEL WHO HAS TECHNOLOGY CONCERNS SHOULD CONTACT OPPOSING COUNSEL AND, TOGETHER, CONTACT CHAMBERS (718) 618-1767 AS SOON AS POSSIBLE TO ADDRESS SUCH CONCERNS
Page 1 | Rules: Part 221
All conference requests should be by email.
All conference requests should be by email.
Page 4 | General Rules
If no response is received within a week, please follow up by telephone.
If no response is received within a week, please follow up by telephone.
Page 4 | General Rules