Judge Gary F. Knobel
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
Adjournments
- An adjournment request should include at least three proposed dates whether the request is agreed upon or contested.
- Applications for Adjournment: Applications for an adjournment may be made by all parties and the Court Evaluator/Attorney for the AIP, as well as approved by the Court prior to the date the matter appears on the calendar. All applications for adjournment must indicate whether the Alleged Incapacitated Person will suffer any harm by the adjournment. Please contact the Part via email to discuss available adjourn dates before making the Application.
- Requests to adjourn a Preliminary Conference must be directed to the DCM Part rather than chambers.
- +7 more
Request must include
Communication
Clerk, Chambers
Phone
Chambers
Document Filing Requirements8 rules
Interested Parties seeking Guardianship post Initial Filing: If an interested party wishes to be considered as Guardian, they shall filed a cross-petition in accordance with Mental Hygiene Law § 81.
All requests for secondary appointments must use the appropriate form provided by the Guardianship Clerk’s Office.
An application for temporary injunctive relief must include an affirmation showing significant prejudice from lack of notice or, absent that showing, a good-faith effort to notify the opposing party.
Court's wording
Accordingly, any application for temporary injunctive relief shall contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by giving notice. In absence of a showing of significant prejudice, the affirmation must demonstrate that a good fait effort has been made to notify the pary against whom the restraining order is sought.
If all or part of a submitted motion is settled, a letter or stipulation shall be sent to the Court, on notice to all parties, and same shall be uploaded to NYSCEF. Such notice shall set forth: (1) the date that the motion was submitted; (2) what aspects of the motion have been settled; and (3) what issues, if any, remain to be decided.
No out of court settlement will be recognized or accepted unless counsel submits a letter, on notice to the opposing parties submitting the executed settlement agreement/stipulation or certifying that such agreement/stipulation has, in fact, been executed.
If motions are withdrawn, a letter from the movant requesting withdrawal must be sent to chambers by email and uploaded to NYSCEF.
If any motion is resolved, in whole or part, on the record, counsel shall obtain a transcript that can be “so ordered” unless otherwise directed by the Court.
however, a party may request oral arguments by letter accompanying the motion papers in accordance with 22 NYCRR 202.8-F. Should the Court determine that oral arguments are warranted, the parties will be notified and advised of the date.
Filing & Service rules
Electronic Filing Rules
Proposed orders in e-filed guardianship cases must be filed electronically.
All proposed Orders in e-Filed Guardianship cases MUST be e-filed.
Civil cases
Page 1 | I. General Rules
Affidavits of service of the Order to Show Cause must be filed with the Guardianship Department or e-filed no later than ten days before the return date.
Affidavits of Service of the Order to Show Cause must be filed with the Guardianship Department or e-filed no later than ten (10) days prior to the return date of the Order to Show Cause.
Civil cases
Page 2 | II. Orders to Show Cause to Appoint a Guardian
Motions must be uploaded to NYSCEF when appropriate.
motions are to be served and filed in conformity with CPLR 214 and uploaded to NYSCEF where appropriate.
Page 2 | III. Motions — b. All Motions — i. Service
The affidavit or affirmation confirming advance notice must be filed and uploaded through NYSCEF.
Notice shall be given by telephone, and/or email and an affirmation/affidavit stating that such notice has been provided must be filed and uploaded to NYSCEF.
Page 3 | III. Motions
The movant's request to withdraw a motion must be uploaded to NYSCEF.
If motions are withdrawn, a letter from the movant requesting withdrawal must be sent to chambers by email and uploaded to NYSCEF.
Page 4 | III. Motions
A settlement letter or stipulation concerning all or part of a submitted motion must be uploaded to NYSCEF.
If all or part of a submitted motion is settled, a letter or stipulation shall be sent to the Court, on notice to all parties, and same shall be uploaded to NYSCEF.
Page 4 | III. Motions
Counsel must obtain Court permission before submitting evidentiary materials to NYSCEF, except for exhibits to a formally submitted motion or materials in an approved filing; misuse may be sanctionable.
c. Paper Submission to NYSCEF: Counsel must seek permission of the Court for the submission of “evidentiary” materials to NYSCEF, unless such materials are exhibits to a formally submitted motion or an approved filing. The abuse of the NYSCEF filing system may be sanctionable by the Court.
Page 5 | V. Miscellaneous Rules
Other filings in guardianship cases not converted to e-filing must be mailed to the Guardianship Department at the courthouse and not directly to chambers.
All other filings on Guardianship cases not yet converted to E-File should be mailed to the courthouse Attention: Guardianship Department. NO FILINGS SHALL BE MAILED DIRECTLY TO CHAMBERS.
Civil cases
Page 1 | I. General Rules
Filing Timing and Cure Windows
The Court Evaluator's report must be emailed to the Part at least two days before the Order to Show Cause return date.
Report of the Court Evaluator shall be emailed to the Part email: judgeknobelremote@nycourts.gov at least two (2) days prior to the return date of the Order to Show Cause.
Civil cases
Page 2 | II. Orders to Show Cause to Appoint a Guardian
A summary-judgment motion must be made returnable no later than 30 days after the Note of Issue is filed.
Motions for summary judgment shall be returnable no later than 30 days after the filing of a Note of Issue.
Page 4 | III. Motions
Absent an emergency, an Order to Show Cause will not be heard after 2:00 p.m. and will instead be heard at the Court’s earliest convenience.
b. In the absence of an emergency, no Order to Show Cause will be heard after 2:00pm. Said Orders to Show Cause will be heard at the earliest convenience of this Court.
Page 5 | V. Miscellaneous Rules
Service and Proof of Service Rules
Motions must be served and filed in conformity with CPLR 214 and uploaded to NYSCEF when appropriate.
motions are to be served and filed in conformity with CPLR 214 and uploaded to NYSCEF where appropriate.
Page 2 | III. Motions — b. All Motions — i. Service
When significant prejudice is not shown, the applicant must give at least 24 hours' notice before presenting the Order to Show Cause by telephone, email, or both, and file an affidavit or affirmation confirming that notice.
Where there has been no significant prejudice shown, the Court requires that the party seeking temporary injunctive relief give the opposing side 24 hours notice in advance of presentment of the Order to Show Cause to the Court. Notice shall be given by telephone, and/or email and an affirmation/affidavit stating that such notice has been provided must be filed and uploaded to NYSCEF.
Page 3 | III. Motions
Courtesy Copy Requirements
A courtesy copy should be emailed to the chambers email.
A courtesy copy should be emailed to the chambers email.
Page 2 | III. Motions — b. All Motions — i. Service
Pre-Motion Conference Requirements
Before making or filing a discovery motion, moving counsel must undertake a genuine good-faith effort and, if the dispute remains unresolved, arrange and submit the required pre-discovery conference form for a conference involving all parties and the Court; one-sided letters alone do not suffice.
Prior to making or filing any discovery motions, counsel for the moving party must make a good faith effort to resolve the present issues, pursuant to 22 NYCRR 202.7(c) and section 202.20-f. This Part will not accept letters as good faith efforts, unless a series of letters indicates an interaction among the parties and not one-sided requests. If after a true good faith effort to resolve the discovery issues there is no resolution, counsel for the moving party must arrange for a conference to be held among all parties and the Court to discuss the issues and possible resolution. Counsel must submit the attached pre- discovery conference form attached and email it to chamber and the Principal Law Clerk.
Page 2 | III. Motions — a. Pre-Motion Discovery Conferences
Before filing any discovery motion in this part, the requesting party must submit the pre-motion discovery conference form and confer with the court about the matter.
NO DISCOVERY MOTIONS MAY BE FILED IN THIS PART WITHOUT FIRST SUBMITTING THIS FORM AND CONFERENCING THE MATTER WITH THE COURT.
Page 7 | PRE-MOTION DISCOVERY CONFERENCE REQUEST
Even after the parties agree to resolve a discovery dispute, the Court may issue a sua sponte order with their consent or over their objections.
Regardless of an agreed resolution the Court may issue a sua sponte Order on its own motion on consent of the parties or over their objections.
Page 2 | III. Motions — a. Pre-Motion Discovery Conferences
Adjournment & Extension Requirements
Applications for Adjournment: Applications for an adjournment may be made by all parties and the Court Evaluator/Attorney for the AIP, as well as approved by the Court prior to the date the matter appears on the calendar. All applications for adjournment must indicate whether the Alleged Incapacitated Person will suffer any harm by the adjournment. Please contact the Part via email to discuss available adjourn dates before making the Application.
Applications for Adjournment: Applications for an adjournment may be made by all parties and the Court Evaluator/Attorney for the AIP, as well as approved by the Court prior to the date the matter appears on the calendar. All applications for adjournment must indicate whether the Alleged Incapacitated Person will suffer any harm by the adjournment. Please contact the Part via email to discuss available adjourn dates before making the Application.
Civil cases
Page 2 | II. Orders to Show Cause to Appoint a Guardian
Preliminary Conference Order deadlines require prior Court approval for extension, and party-stipulated dates may be changed by the Court.
Deadlines may not be extended without prior Court approval. Dates stipulated by the parties are subject to change by the Court.
Page 1 | I. Preliminary Conferences — b. Deadlines
A deposition adjournment must be rescheduled to a date before the Compliance Conference.
Any adjournments of depositions must be to a date which precedes the Compliance Conference date.
Page 1 | I. Preliminary Conferences — c. Adjournments of Depositions
Conference-adjournment requests are due through chambers by 2:45 p.m. on the preceding date, require good cause, unanimous consent, a consented proposed date no more than six weeks away, completion of the provided form, and transmission to the listed chambers and law-clerk emails.
Requests for adjournments of conferences must be made through chambers no later than 2:45pm on the date prior to the scheduled conference. The Court will consider granting requests upon good cause shown and the consent of all parties. The parties are required to provide proposed adjournment dates, no more than six weeks from the scheduled conference, consented to by all parties. The requesting party must complete the adjournment request form provided. All adjournment requests and/or opposition to the adjournment should be sent to the chambers email: JudgeKnobelRemote@nycourts.gov and the Principal Law Clerk’s email: amangano@nycourts.gov.
Page 2 | II. Other Conferences — d. Adjournments
The requesting party must complete the adjournment request form and send the request to the courtroom clerk, chambers email, and Principal Law Clerk; opposition should be emailed as stated above, and requests should include a date certain consented to by all parties.
Motion adjournment requests must be sent to the courtroom clerk, chambers email, and the Principal Law Clerk. The requesting party is to complete the adjournment request form. Opposition should be emailed as stated above. The Court will allow each side a brief one-time adjournment over objection upon good cause if it is the first request for the same. Adjournment requests should also include a date certain, consented to by all parties, even if there is opposition to the adjournment.
Page 3 | III. Motions
Adjournment requests left on Chambers voicemail are disregarded and must be submitted under the Part rules.
h. Adjournment requests that are left on Chamber’s voicemail shall be disregarded. All requests must be made in accordance with the Part rules stated above.
Page 5 | IV. Communications With Chambers
Every adjournment request must be received by email before 2:45 p.m. on the business day before the scheduled appearance.
ALL REQUESTS MUST BE RECEIVED BY EMAIL BEFORE 2:45PM ON THE BUSINESS DAY PRIOR TO THE SCHEDULED APPEARANCE DATE.
Page 6 | ADJOURNMENT REQUEST FORM
An adjournment request must identify the number of prior adjournments, requesting party, scheduled appearance, at least three proposed dates, motion or conference type, reasons for adjournment, discovery status, NOI status, and the reason for any objection.
Number of Prior Adjournments of Current Event: _________________________________________ Party Making Current Request: _____________ Last Adjournment Request by: ________________ Date of Conference/Motion Appearance: _________________________________________________ Proposed Adjournment Dates (at least 3): _______________, ________________, ________________ Motion, Conference or Other:___________________________________________________________ If Motion, Nature of Relief Sought: ______________________________________________________ Reasons for Adjournment: _____________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Discovery Completed (Y/N): _______ Was NOI Filed? ________ Date Filed/NOI Filed: __________ If no consent, what is the reason for the objection:
Page 6 | ADJOURNMENT REQUEST FORM
An adjournment request should include at least three proposed dates whether the request is agreed upon or contested.
When seeking an adjournment, the parties should have at least three (3) proposed adjournment dates regardless of the adjournment being agreed upon or contested.
Civil cases
Page 3 | IV. Communications with Chambers
Requests to adjourn a Preliminary Conference must be directed to the DCM Part rather than chambers.
Requests for adjournments of Preliminary conferences are to be addressed to the DCM Part and not to chambers.
Page 1 | I. Preliminary Conferences — a. Adjournments
Chambers Communication Rules
A request for an in-person hearing must be emailed to the Part no later than ten days before the Order to Show Cause return date.
Requests for an in-person hearing must be made to Part email: judgeknobelremote@nycourts.gov no later than ten (10) days prior to the return date of the Order to Show Cause.
Civil cases
Page 2 | II. Orders to Show Cause to Appoint a Guardian
The petitioner's attorney must email the Part the email addresses of all parties requiring notice at least seven days before the hearing.
Petitioner’s attorney must submit a list of email addresses for all parties required to receive notice to the Part via email judgeknobelremote@nycourts.gov seven (7) days prior to the hearing date.
Civil cases
Page 2 | II. Orders to Show Cause to Appoint a Guardian
Fax communications are prohibited for all purposes.
Faxes are not permitted for any purposes.
Civil cases
Page 3 | IV. Communications with Chambers
All parties must be direct recipients of emails to chambers.
All parties must be included in the email as a direct recipient.
Civil cases
Page 3 | IV. Communications with Chambers
Requests for a language interpreter must be emailed to the Part at least seven days before the Order to Show Cause return date.
Requests for a language interpreter must be made to the Part email: judgeknobelremote@nycourts.gov at least seven (7) days prior to the return date of the Order to Show Cause.
Civil cases
Page 3 | II. Orders to Show Cause to Appoint a Guardian
All communications with chambers must be sent by email to JudgeKnobelRemote@nycourts.gov.
All communications with chambers shall be made via email to JudgeKnobelRemote@nycourts.gov.
Civil cases
Page 3 | IV. Communications with Chambers
Do not email Judge Knobel directly; email the law clerk or secretary instead.
DO NOT EMAIL JUDGE KNOBEL DIRECTLY BUT YOU MAY EMAIL THE LAW CLERK AND SCERETARY.
Civil cases
Page 3 | IV. Communications with Chambers
Chambers emails must identify the index number, action title, and email subject in the subject line.
All emails must contain in the subject line: (1) the index number; (2) title of the action; (3) quick reference to subject of the email (e.g. Discovery Issue, Adjournment Request etc.).
Civil cases
Page 3 | IV. Communications with Chambers
Ex parte communications about substantive issues will not be accepted or read by the Court, judge, or staff.
The Court will never accept ex parte communications on any substantive issue nor will the Judge or any staff member read such communications.
Civil cases
Page 3 | IV. Communications with Chambers
Adjournment requests left on Chambers voicemail will be disregarded.
Adjournment requests that are left on Chamber’s voicemail shall be disregarded.
Civil cases
Page 3 | IV. Communications with Chambers
A party opposing injunctive relief who wants a hearing must email the Court, with notice to all parties, and request a time to appear.
Upon such notice, any party seeking to be heard in opposition to the request for injunctive relief must email the Court, on notice to all parties, requesting a time to appear for the same.
Page 3 | III. Motions
Parties must not email Judge Knobel directly.
DO NOT EMAIL JUDGE KNOBEL DIRECTLY.
Page 4 | IV. Communications With Chambers
Ex parte communications concerning substantive issues are prohibited and will not be accepted or read by the Judge or staff.
The Court will never accept ex parte communications on any substantive issue nor will the Judge or any staff member read such communications.
Page 4 | IV. Communications With Chambers
All communications with chambers must be emailed to JudgeKnobelRemote@nycourts.gov, include the index number, case title, and subject in the subject line, copy all parties directly, and not rely on chambers reviewing NYSCEF communications.
All communications with chambers shall be made via email to JudgeKnobelRemote@nycourts.gov. All emails must contain in the subject line: (1) the index number; (2) title of the action; (3) quick reference to subject of the email (e.g. Discovery Issue, Adjournment Request etc.). All parties must be included in the email as a direct recipient. Do not assume that communications through NYSCEF will be seen by chambers.
Page 4 | IV. Communications With Chambers
Fax communication is prohibited for all purposes.
Faxes are not permitted for any purposes.
Page 4 | IV. Communications With Chambers
The movant's request to withdraw a motion must be emailed to chambers.
If motions are withdrawn, a letter from the movant requesting withdrawal must be sent to chambers by email and uploaded to NYSCEF.
Page 4 | III. Motions
Please contact the Part via email to discuss available adjourn dates before making the Application.
Please contact the Part via email to discuss available adjourn dates before making the Application.
Civil cases
Page 2 | II. Orders to Show Cause to Appoint a Guardian
The Court should not be included on emails or communications between the parties.
The Court should not be included on emails or communications between the parties.
Civil cases
Page 3 | IV. Communications with Chambers
Communications and papers submitted only through NYSCEF should not be assumed to reach chambers.
Do not assume communications and papers submitted only through NYSCEF will be seen by chambers.
Page 1 | Introductory Rule
An attorney or unrepresented litigant with a conflicting Part appearance must notify the courtroom clerk or chambers and provide valid contact information.
When scheduled for an in person or virtual conference, and a party’s appearance is required in another part, the attorneys and unrepresented litigants must alert the courtroom clerk and/or chambers of the conflict and provide valid contact information.
Page 2 | II. Other Conferences — c. Conflicting Schedules
Adjournment requests and opposition should be emailed to both chambers and the Principal Law Clerk at the listed addresses.
All adjournment requests and/or opposition to the adjournment should be sent to the chambers email: JudgeKnobelRemote@nycourts.gov and the Principal Law Clerk’s email: amangano@nycourts.gov.
Page 2 | II. Other Conferences — d. Adjournments
Copies of counsel-to-counsel correspondence must not be sent to or placed in the Court's files except in the limited circumstances identified by the Part Rules and 22 NYCRR 202.7.
Copies of correspondence between counsel shall not be sent to the Court and will not be read or placed in the Court’s files, except with the limited circumstances provided within these Part Rules and as 22 NYCRR 202.7 directs.
Page 4 | IV. Communications With Chambers
Telephone calls to chambers are prohibited except in emergency situations requiring immediate attention.
g. Except as provided herein, telephone calls to chambers are not permitted absent emergency situations requiring immediate attention.
Page 5 | IV. Communications With Chambers
The Court should not be copied on communications between the parties, and communications to Chambers are limited to requests authorized by the Part rules.
i. The Court should not be included on emails or communications between the parties. The only communications sent to Chambers shall be for making requests outlined in the rules of this Part.
Page 5 | IV. Communications With Chambers
Parties should be included on emails to the Court.
All parties should be included on emails to the Court.
Civil cases
Page 3 | IV. Communications with Chambers