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Court Rules
Judge

Judge Paula L. Feroleto

Individual Rules, Standing Orders & Policies

New York Supreme Court, Erie County

Adjournments

  • Adjournments are granted with opposing counsel's consent, but the Court may grant an opposed adjournment requested within the CPLR's minimum time limits under its liberal policy.
  • An adjournment request must identify a specific date, and general adjournments are not permitted.

Request must include

Proposed Rescheduled Date

Communication

Email
shmcmaho@nycourts.gov
Scheduling
Email
dcaywood@nycourts.gov
Scheduling
Phone

Chambers

Scheduling
Filters:

Document Filing Requirements4 rules

Filing RequirementsCivil cases

Requests for TROs on cases assigned to another judge will be considered only upon approval of the IAS judge or his/her law clerk except in cases where both are unavailable.

Filing RequirementsCivil cases

All orders must be submitted with an indication that the order has been sent to all opposing counsel or pro se litigant. Orders will not be signed without proof of opportunity of opposing counsel or pro se party to review.

Filing RequirementsCivil cases

All requests for TROs must comply with Uniform Rules for Trial Court §202.7(f).

Filing RequirementsCivil cases

Motions to resolve discovery disputes shall be accompanied by an affidavit of good faith attempt at resolution. Letters between counsel are insufficient. There must have been a conversation between counsel to attempt to resolve discovery disputes.

Filing & Service rules

Electronic Filing Rules

In matters not subject to e-filing, original papers must be provided to the Court simultaneously with service on all parties.

Original papers in matters not subject to e-filing are to be provided to the Court simultaneously with service on all parties.

Civil cases

Page 1 | MOTIONS

All submissions in matters subject to e-filing, including motions, proposed orders, and proposed judgments, must be filed electronically.

For all matters assigned to this Court subject to e-filing, all submissions, including motions, proposed orders and proposed judgments must be electronically filed.

Civil cases

Page 1 | MOTIONS

Letter requests for adjournments must not be filed on NYSCEF.

Please note: adjournment requests should be made by email to Siobhan McMahon and David Caywood shmcmaho@nycourts.gov; and dcaywood@nycourts.gov; please do not file letter requests for adjournments on NYSCEF.

Civil cases

Page 2 | MOTIONS

Filing Timing and Cure Windows

Papers must be received at least two business days before the return date, and late submissions may be adjourned or disregarded at the Court's discretion.

All papers must be received by the Court at least two (2) business days before the return date. Late submissions may result in an adjournment at the Court’s discretion or refusal by the Court to consider the untimely submission.

Civil cases

Page 1 | MOTIONS

Summary-judgment motions must be timely under CPLR § 3212(a) unless the Court directs otherwise.

Summary judgment motions must be timely made pursuant to CPLR §3212(a), unless otherwise directed by the Court.

Civil cases

Page 2 | MOTIONS

Courtesy Copy Requirements

The Court does not want working copies of motions.

Concerning motions, this Court does not want working copies.

Civil cases

Page 1 | MOTIONS

Pre-Motion Conference Requirements

The Court may require a conference with the law clerk before oral argument on a discovery motion.

Discovery motions may be subject to a conference with the Law Clerk prior to argument on the return date.

Civil cases

Page 2 | MOTIONS

Adjournment & Extension Requirements

An adjournment request must identify a specific date, and general adjournments are not permitted.

Motions must be adjourned to a specific date; general adjournments will not be permitted.

Civil cases

Page 2 | MOTIONS

Adjournments are granted with opposing counsel's consent, but the Court may grant an opposed adjournment requested within the CPLR's minimum time limits under its liberal policy.

Adjournments are granted upon consent of opposing counsel but, if counsel refuses, the Court has a liberal adjournment policy of motions made within the minimum time limits of the CPLR and may grant an adjournment upon request, even if opposed.

Civil cases

Page 2 | MOTIONS

Chambers Communication Rules

Adjournment requests should be emailed to the identified law-clerk staff and should not be filed as letter requests on NYSCEF.

Please note: adjournment requests should be made by email to Siobhan McMahon and David Caywood shmcmaho@nycourts.gov; and dcaywood@nycourts.gov; please do not file letter requests for adjournments on NYSCEF.

Civil cases

Page 2 | MOTIONS

Requests for adjournment of motions where opposing counsel does not consent, should be made by conference call to the Court.

Requests for adjournment of motions where opposing counsel does not consent, should be made by conference call to the Court.

Civil cases

Page 2 | MOTIONS

Court-wide rules

Applies court-wide

These 4 rules apply across New York Supreme Court, Erie County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 3
  • Applies to
    236B financial affidavit

    Both sides must exchange completed 236B Financial Affidavits before the first court conference.

  • Applies to
    Final judgment roll

    Within a few weeks after the specified stipulation or fully executed agreements, one attorney must submit the final judgment roll, including the final Findings and Judgment.

  • Applies to
    Proposed dispositions

    Parties or their attorneys will exchange "proposed dispositions" after the information has been exchanged to allow the Court to narrow or resolve some or all of the issues.

Service

All 1
  • A certified copy of the final judgment must be served on both parties.

Common questions about Judge Paula L. Feroleto's rules

Are courtesy copies required for Judge Paula L. Feroleto?

The Court does not want working copies of motions.

View ruleSource: page 1, section MOTIONS

Does Judge Paula L. Feroleto require a pre-motion conference or letter before filing a motion?

The Court may require a conference with the law clerk before oral argument on a discovery motion.

View ruleSource: page 2, section MOTIONS

What must be included with discovery motion filings before Judge Paula L. Feroleto?

A discovery-dispute motion must include an affidavit describing a good-faith resolution effort, and counsel must have actually conferred; correspondence alone is insufficient.

View ruleSource: page 2, section MOTIONS

What must be included with order filings before Judge Paula L. Feroleto?

Orders must be submitted with an indication that they were sent to all opposing counsel or pro se litigants and will not be signed without proof of an opportunity to review.

View ruleSource: page 2, section MOTIONS

How may parties contact Judge Paula L. Feroleto's chambers?

Requests for adjournment of motions where opposing counsel does not consent, should be made by conference call to the Court.

View ruleSource: page 2, section MOTIONS

How do I request an adjournment or extension before Judge Paula L. Feroleto?

The request must include proposed rescheduled date. An adjournment request must identify a specific date, and general adjournments are not permitted.

View ruleSource: page 2, section MOTIONS

Is electronic filing required before Judge Paula L. Feroleto?

Yes. Electronic filing is required for the covered filings. All submissions in matters subject to e-filing, including motions, proposed orders, and proposed judgments, must be filed electronically.

View ruleSource: page 1, section MOTIONS

What filing deadlines does Judge Paula L. Feroleto set?

Papers must be received at least two business days before the return date, and late submissions may be adjourned or disregarded at the Court's discretion.

View ruleSource: page 1, section MOTIONS
Complete rules summary for Judge Paula L. Feroleto

Requests for adjournment of motions where opposing counsel does not consent, should be made by conference call to the Court.

All submissions in matters subject to e-filing, including motions, proposed orders, and proposed judgments, must be filed electronically.

The Court does not want working copies of motions.

Papers must be received at least two business days before the return date, and late submissions may be adjourned or disregarded at the Court's discretion.

Adjournments are granted with opposing counsel's consent, but the Court may grant an opposed adjournment requested within the CPLR's minimum time limits under its liberal policy.

An adjournment request must identify a specific date, and general adjournments are not permitted.

Adjournment requests should be emailed to the identified law-clerk staff and should not be filed as letter requests on NYSCEF.

Letter requests for adjournments must not be filed on NYSCEF.

A discovery-dispute motion must include an affidavit describing a good-faith resolution effort, and counsel must have actually conferred; correspondence alone is insufficient.

Summary-judgment motions must be timely under CPLR § 3212(a) unless the Court directs otherwise.

The Court may require a conference with the law clerk before oral argument on a discovery motion.

Orders must be submitted with an indication that they were sent to all opposing counsel or pro se litigants and will not be signed without proof of an opportunity to review.

Every request for temporary restraining order must comply with Uniform Rule for Trial Courts § 202.7(f).

A TRO request in a case assigned to another judge will be considered only with approval from the IAS judge or the IAS law clerk, unless both are unavailable.

In matters not subject to e-filing, original papers must be provided to the Court simultaneously with service on all parties.

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