Judge Katherine A. Levine
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Article 78 Motions
Courtesy copies
- Hand Delivery
Withdrawal as Counsel Motions
Terms of Sale
Court-wide- Upon request
Adjournments
- A contested second adjournment request requires counsel to appear in person and demonstrate good cause to the court.
- One adjournment is permitted as of right unless the objecting party demonstrates immediate injury or harm.
- A motion may receive no more than two adjournments, including stipulative adjournments.
Request must include
- An adjournment application must be filed in writing on the case docket and emailed to ksccvpart92@nycourts.gov at least two business days before the return date.
- An adjournment request submitted less than two business days before the return date will be rejected.
Communication
Chambers16 contacts
Clerk2 contacts
Other Contacts1 contacts
Document Format Requirements1 rule
Motions in limine should be filed on NYSCEF as “Pre-Trial Memorandum” or “Trial Memorandum” and emailed in PDF format to chambers.
- File type
- Pretrial memorandum
- Trial memorandum
Document Filing Requirements9 rules
A proposed infant-compromise order must state the infant plaintiff’s full name and date of birth and include the quoted good-cause language.
Court's wording
The proposed infant compromise order must include the full name and date of birth of the infant plaintiff and incorporate the following language: “Pursuant to 22 NYCRR 202.5 (e) (2), the Court finds good cause to permit the inclusion of the infant’s full name and date of birth in the compromise order.”
A written memorandum of law with citations to the pertinent statutory authority or case law is required.
Prior to the commencement of trial, counsel shall submit to the court marked pleadings, a witness list, an exhibit list, and any deposition transcripts intended to be used at trial.
- Document
- Trial submission
Must include
- •Exhibit list
If the infant is fourteen years or older, an affidavit of consent from the infant must be provided.
All submissions must include either a letter of tender stating the proposed settlement amount or a stipulation of the parties reflecting same.
Counsel must submit proposed jury charges and verdict sheets to the court in typed form prior to the commencement of trial.
All trial exhibits must be pre-marked for identification and, whenever possible, attorneys are encouraged to stipulate to the admissibility of documents and records.
Please provide the most recent Appellate Division case law.
Motions on the calendar may be withdrawn by filing a notice of withdrawal or stipulation.
Filing & Service rules
Electronic Filing Rules
In non-NYSCEF cases, a fully executed stipulation must be emailed to ksccvpart92@nycourts.gov.
For non-NYSCEF cases, the fully executed stipulation must be emailed to ksccvpart92@nycourts.gov.
Civil cases
Page 1 | ADJOURNMENTS
A movant must immediately notify the court through a letter filed on NYSCEF before the motion's return date if the matter is settled, discontinued, or otherwise disposed of.
If a matter is settled, discontinued, or otherwise disposed of, the movant shall immediately notify the court by filing a letter on NYSCEF prior to the return date of the motion.
Civil cases
Page 1 | MOTION HEARINGS
Motions in limine should be filed on NYSCEF as “Pre-Trial Memorandum” or “Trial Memorandum” and emailed in PDF format to chambers.
Motions in limine should be filed on NYSCEF as “Pre-Trial Memorandum” or “Trial Memorandum” and emailed in PDF format to chambers.
Civil cases
Page 1 | TRIALS
A fully signed so-ordered stipulation uploaded to NYSCEF and emailed to Part 92 may eliminate the in-person appearance requirement when all parties agree on a motion disposition.
If counsel or parties are in agreement for the disposition of a motion(s), a so-ordered stipulation signed by all parties, uploaded to NYSCEF and emailed to Part 92's email will negate the requirement to appear in person.
Civil cases
Page 1 | MOTION HEARINGS
Filing Timing and Cure Windows
In-person oral argument is required for motions unless the parties resolve the motion by consent and upload a proposed order through NYSCEF at least two business days before the return date.
An in-person oral argument is required on all motions except where the parties have resolved a motion on consent and uploaded a proposed order via NYSCEF at least two business days prior to the return date.
Civil cases
Page 1 | GENERAL INFORMATION/INQUIRIES
A motion in limine must be made as early as possible and no later than three days before trial begins.
Motions in limine shall be made as early as possible and at least three days prior to the commencement of trial.
Civil cases
Page 1 | TRIALS
Attorneys must check in with the part clerk at 10:30 AM.
Attorneys must be present to check-in at 10:30 AM with the part clerk.
Civil cases
Page 1 | MOTION HEARINGS
A summary-judgment motion 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 pursuant to the Kings County Supreme Court Uniform Civil Term Rules.
Civil cases
Page 1 | SUMMARY JUDGMENT MOTIONS
A motion will be denied if the movant fails to appear for argument on two consecutive scheduled dates.
All motions shall be denied for a movant’s failure to appear for argument on two consecutive scheduled dates.
Civil cases
Page 1 | MOTION HEARINGS
The court will deny a motion if the moving party is not present after the second calendar call.
If the moving party is not present after second calendar call, the court will deny the motion for failure to appear.
Civil cases
Page 1 | MOTION HEARINGS
A stipulation of discontinuance should be filed as soon as practicable.
A stipulation of discontinuance should follow as soon as practicable.
Civil cases
Page 1 | MOTION HEARINGS
After oral argument on the record, the parties should order the transcript, split its cost, and provide a copy to the court at least one week before the next appearance.
Where there is oral argument on the record, the court requests that the parties order a copy of the transcript, split the cost, and provide a copy to the court at least one week before the next appearance.
Civil cases
Page 1 | MOTION HEARINGS
Service and Proof of Service Rules
Proof of service for every pleading and motion in a merchant cash advance case must be filed on NYSCEF.
Proof of service for all pleadings and motions must be filed on NYSCEF.
Civil cases
Page 1 | MERCHANT CASH ADVANCE CASES
At a merchant cash advance hearing, plaintiff’s counsel must present proof of service for the summons and complaint and proof of good-faith notice to the defendant of the actual motion-hearing date.
At the time of the hearing, the court requires counsel for plaintiff to present to the court: (1) proof of service for the summons and complaint; and (2) proof that plaintiff attempted in good faith to apprise the defendant of the actual date for the motion hearing.
Civil cases
Page 1 | MERCHANT CASH ADVANCE CASES
Proof of service for an order to show cause must be filed on NYSCEF before the return date.
Proof of service must be filed on NYSCEF prior to the return date.
Civil cases
Page 1 | EX PARTE APPLICATIONS/ORDERS TO SHOW CAUSE
In non-NYSCEF cases, proof of service may be emailed to Part 92 or presented to the court on the return date.
For non-NYSCEF cases, proof of service shall be emailed to ksccvpart92@nycourts.gov or presented to the court on the return date.
Civil cases
Page 1 | EX PARTE APPLICATIONS/ORDERS TO SHOW CAUSE
Courtesy Copy Requirements
At a motion to withdraw appearance, moving counsel must provide physical motion papers, proof of client notice of the motion, and proof that the client was notified of the hearing date.
For any motion appearance where counsel has moved to withdraw, said moving counsel must provide the following materials to the court at the time of the appearance: (1) physical copies of the moving papers; (2) proof that the client whom counsel is seeking to withdraw from representing has notice of counsel’s motion; and (3) proof that counsel has notified the client of the date on which the motion is being heard.
Civil cases
Page 1 | MOTIONS TO WITHDRAW AS COUNSEL
When specifically requested by Judge Levine, working or courtesy copies must be hand-delivered to the clerk in Courtroom 541 on the fifth floor.
If Judge Levine has specifically requested parties to provide working/courtesy copies, please have them hand-delivered to the clerk in Courtroom 541 on the fifth floor.
Civil cases
Page 1 | MOTION HEARINGS
Parties appearing in an Article 78 motion must send physical copies of their papers to chambers before the hearing.
For any motion appearance in an Article 78 action, the relevant parties must send physical copies of their papers to chambers prior to the date of their motion hearing.
Civil cases
Page 1 | ARTICLE 78 CASES
Working or courtesy copies ordinarily are not required for e-filed cases unless the court specifically requests them.
Working/courtesy copies are not required for e-filed cases unless specifically requested.
Civil cases
Page 1 | MOTION HEARINGS
Sealing & Redaction Procedures
Counsel may electronically file a redacted proposed infant-compromise order on NYSCEF and email the unredacted version to chambers.
Counsel may e-file a redacted version of the proposed order on NYSCEF and email an unredacted version to chambers.
Civil cases
Page 1 | INFANT COMPROMISE ORDERS
Adjournment & Extension Requirements
One adjournment is permitted as of right unless the objecting party demonstrates immediate injury or harm.
One adjournment is permitted as of right unless the party objecting to the adjournment shows that he will suffer immediate injury or harm.
Civil cases
Page 1 | ADJOURNMENTS
An adjournment application must be filed in writing on the case docket and emailed to ksccvpart92@nycourts.gov at least two business days before the return date.
Applications for adjournments must be made be filed in writing on the case docket and be emailed to ksccvpart92@nycourts.gov at least two business days prior to the return date.
Civil cases
Page 1 | ADJOURNMENTS
An adjournment request submitted less than two business days before the return date will be rejected.
Failure to file such requests two business days prior to the return date will result in a rejection of the adjournment request.
Civil cases
Page 1 | ADJOURNMENTS
A motion may receive no more than two adjournments, including stipulative adjournments.
No more than two adjournments will be permitted on any motion, regardless of whether the adjournment is sought by stipulation of the parties.
Civil cases
Page 1 | ADJOURNMENTS
A contested second adjournment request requires counsel to appear in person and demonstrate good cause to the court.
If a second adjournment request is contested after the first adjournment, counsel must appear in person and make an application to the court based on a showing of good cause.
Civil cases
Page 1 | ADJOURNMENTS
Chambers Communication Rules
Opposing counsel must receive copies of all emails and correspondence concerning the case.
Opposing counsel must be copied on all emails and correspondence.
Civil cases
Page 1 | GENERAL INFORMATION/INQUIRIES
Chambers may not be called to request an adjournment.
Do not call chambers to request an adjournment.
Civil cases
Page 1 | GENERAL INFORMATION/INQUIRIES
Ex parte communications are prohibited.
Ex parte communications are strictly prohibited.
Civil cases
Page 1 | GENERAL INFORMATION/INQUIRIES
Part-clerk inquiries about adjournments and scheduling may be made by phone at 347-401-9233 or by email at ksccvpart92@nycourts.gov.
All inquires regarding adjournments and scheduling should be made to the part clerk at 347-401-9233 or ksccvpart92@nycourts.gov.
Civil cases
Page 1 | GENERAL INFORMATION/INQUIRIES