Judge Vito M. DeStefano
Individual Rules, Standing Orders & Policies
Adjournments
- Adjournment applications must be submitted before the relevant conference or motion return date.
- Adjournment requests must be submitted using the Request for Adjournment Form.
- The Request for Adjournment Form must include agreed proposed adjournment dates, specified case and conference dates, and the reason for the request.
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Request must include
Communication
Clerk
Document Format Requirements2 rules
Motions that are not in strict compliance with 22 NYCRR § 202.8-b "Length of Papers" will be rejected.
6. Pre-Marked Exhibits: All trial exhibits shall be pre-marked on pre-trial date. Documents in binders (up to 3 inches) with index number and tabs. Plaintiffs to identify with numbers, Defendants with letters. An exhibit book delivered to the court to follow along with before the trial actually begins. Failure to comply with this rule may result in sanctions, which may include an order precluding the offering of such exhibits at trial.
Document Filing Requirements9 rules
Each branch of relief in a motion must be numbered or lettered to correspond to the supporting affirmation or affidavit paragraphs addressing that relief.
Court's wording
Various branches of the motion as delineated in the Notice of Motion or Order To Show Cause are to be preceded by a number or letter which corresponds to a number or letter in the supporting affirmations and affidavits containing the numbered paragraphs dealing with the particular relief sought.
Such order shall be accompanied by a letter setting forth the date the motion was submitted, what aspects of the Motion have been settled and what issues remain to be decided.
A copy of the stipulation settling such issues shall be forwarded to the Court.
If all or part of a submitted motion is settled, a proposed order with notice of settlement (on at least 10 days notice), or a signed waiver of settlement, shall be submitted with a copy to be conformed.
If the motion is resolved, in whole or part, on the record, counsel shall obtain such transcript so that same can be "so ordered", unless the Court otherwise directs.
The Court will not consider a sanctions application unless the moving party first seeks withdrawal or discontinuation of the purported sanctionable conduct. Proof of such request must be made a part of the sanctions application.
Before trial, plaintiff's counsel must furnish the court with marked pleadings, applicable statutory provisions, bills of particulars, relevant expert reports, and specified reports, depositions, and written statements.
Court's wording
A. Mark Pleadings: Plaintiff's counsel shall furnish the court with copies of: 1. Marked pleadings as required by CPLR 4012: 2. A copy of any statutory provisions in effect at the time the cause of action arose upon which either the plaintiff or defendant relies: 3. The bill(s) of particulars; 4. All expert reports relevant to the issues; 5. All reports, depositions and written statements which may be used to either refresh a witness' recollection and/or cross-examine the witness.
6. If any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) you must, well in advance, provide the court and your adversary with the page and ===== PAGE 6 ===== line number of all such testimony so that all objections can be addressed prior to use before the jury.
Counsel are not required to appear on the submission date unless directed by the Court.
Filing & Service rules
Service and Proof of Service Rules
Motions must be served and filed in compliance with CPLR 2214.
Motions are to be served and filed in conformity with CPLR 2214.
Page 2 | II MOTIONS AND ORDERS TO SHOW CAUSE
Filing Bundling Requirements
Every dispositive motion must be accompanied by a complete set of pleadings.
All dispositive motions shall be accompanied by a complete set of pleadings.
Page 3 | II MOTIONS AND ORDERS TO SHOW CAUSE
Pre-Motion Conference Requirements
Before making or filing any motion, moving counsel must arrange a conference call with the opposing party and the Court to discuss the issues and possible resolution.
Prior to making or filing any motions, counsel for the moving party MUST arrange for a conference call to be held with his/her adversary and the Court to discuss the issues involved and the possible resolution thereof.
Page 2 | II MOTIONS AND ORDERS TO SHOW CAUSE
The moving attorney must attend the pre-motion conference with sufficient familiarity and settlement authority to bind the client.
Counsel fully familiar with the matter and with authority to bind their clients MUST be available to participate in the conference.
Page 2 | II MOTIONS AND ORDERS TO SHOW CAUSE
An applicant seeking temporary injunctive relief must comply with 22 NYCRR 202.7(f) and, if practicable, provide the opposing side at least 24 hours' advance notice by telephone, facsimile, and/or email before presenting the Order to Show Cause.
Applications for temporary injunctive relief must be made in conformity with 22 NYCRR 202.7(f). In addition, 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 should be given by telephone, facsimile and/or e-mail, if practicable.
Page 3 | C. Interim Partial or Full Settlement
The pre-motion conference requirement does not apply to counsel-relief applications, motions to dismiss, or motions for summary judgment.
This rule does not apply to applications for counsel to be relieved, motions to dismiss, and motions for summary judgment.
Page 2 | II MOTIONS AND ORDERS TO SHOW CAUSE
If the matter is resolved during the pre-motion conference, the court may issue an order consistent with the resolution.
If the matter can be resolved during the conference, an order consistent with such resolution may be issued.
Page 2 | II MOTIONS AND ORDERS TO SHOW CAUSE
Adjournment & Extension Requirements
Absent extraordinary circumstances, an adjournment request must be made by 2:00 p.m. on the business day before the conference or motion return date.
Absent extraordinary circumstances, no request for an adjournment will be granted if the application is made later than 2:00 p.m. of the business day prior to the conference or motion return date.
Page 1 | I CONFERENCES
The Request for Adjournment Form must include agreed proposed adjournment dates, specified case and conference dates, and the reason for the request.
The form requires counsel to provide, among other things, information concerning proposed adjourn dates agreed to by all parties, and if applicable, the date the RJI was purchased, the date the preliminary conference was held, the date and nature of the most recent conference, the date the Note of Issue was or is expected to be filed, and the reason for the requested adjournment.
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The adjournment rules apply to every motion and conference.
The foregoing rules regarding adjournments are applicable to all motions and conferences.
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Adjournment applications must be submitted before the relevant conference or motion return date.
Applications to adjourn conferences or motions must be made prior to the conference date or return date of the motion.
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Adjournment requests must be submitted using the Request for Adjournment Form.
Applications for adjournments are to be made on the Request for Adjournment Form (included as last page of this document).
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An adjournment request based on engaging new counsel must include the required Affirmation of Engagement and the Request for Adjournment Form.
Adjournments requested because of engagement of counsel must be accompanied by an Affirmation of Engagement in conformity with New York Rules of Conduct 22 NYCRR § 125.1, as well as a request for adjournment form.
Page 1 | I CONFERENCES
All adjournment requests must be faxed to 516-493-3391 before 2:00 p.m. on the business day before the scheduled appearance.
ALL REQUESTS MUST BE RECEIVED VIA FAX (516-493-3391) BEFORE 2:00 P.M. OF THE BUSINESS DAY PRIOR TO THE SCHEDULED APPEARANCE DATE.
Page 9 | REQUEST FOR ADJOURNMENT FORM - Part 3
Adjournment requests left on Chambers voice mail will not be considered.
Adjournment requests that are left on the Chamber's Voice Mail shall be disregarded.
Page 1 | I CONFERENCES
Chambers Communication Rules
Counsel must submit the completed Request for Adjournment Form to both Chambers and the part clerk by fax or email.
The Request for Adjournment Form is to be filled out by counsel and faxed or emailed to both chambers and the part clerk.
Page 1 | I CONFERENCES
Facsimile communications or submissions are prohibited unless the court gives prior permission.
The Court will not accept facsimile communications or submissions without prior permission of the court.
Page 4 | IV COMMUNICATION WITH CHAMBERS
The court categorically prohibits ex parte communications concerning any substantive issue.
The Court will never accept ex parte communications on any substantive issue.
Page 4 | IV COMMUNICATION WITH CHAMBERS
Correspondence between counsel may not be sent to the court except as permitted by the Part Rules and 22 NYCRR 202.7.
Copies of correspondence between counsel shall not be sent to the Court except as these Part Rules and 22 NYCRR 202.7 permits.
Page 4 | IV COMMUNICATION WITH CHAMBERS
A letter to chambers must identify the action's title, the parties' full names, and the index number, and must be delivered simultaneously to all counsel.
In all communications with chambers by letter, the title of the action, full names of the parties and index number shall be set forth, with copies simultaneously delivered to all counsel.
Page 4 | IV COMMUNICATION WITH CHAMBERS