Judge Brendan T. Lantry
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Proposed Order
Court-wide
Adjournments
- Deadlines established in a PCO, CCO, or SCO may be extended only with the Court's permission and a showing of good cause.
- A request to adjourn a conference or adjust a motion schedule must state a valid reason and obtain an order granting the request.
- Motion-adjournment requests are addressed to the Motion Support Office, except that a request more than 60 days after the original return date requires a so-ordered stipulation filed on NYSCEF and emailed to the Part Clerk.
- +1 more
Request must include
- An adjournment request for a conference or motion appearance must be submitted at least 48 hours in advance, absent exigent circumstances, and state whether all parties consent.
Communication
Clerk
Phone
Court-widePhone
Court-widePhone
Court-wideClerk
Document Format Requirements2 rules
All proposed jury charges and verdict sheets shall be emailed to Justice Lantry’s Law Clerks in Word format.
- File type
- Word
- Jury charges
- Verdict sheet
If any changes to the PJI are suggested, counsel must submit the full text with all proposed changes red-lined in Word format by email to Justice Lantry’s law clerks.
- File type
- Word
Formatting
- •The full text must be included
- •The submission must be emailed to Justice Lantry’s law clerks
Document Filing Requirements15 rules
Parties must e-mail a proposed Preliminary Conference Order to the Part Clerk by 3:00 p.m. on the day before the conference, in lieu of appearing.
Court's wording
The Part Clerk will circulate a blank Preliminary Conference Order (PCO) form via e-mail in advance of the scheduled conference date. Parties must submit a proposed PCO via email to the Part Clerk, in lieu of an appearance, no later than 3:00 p.m. the day prior to the scheduled appearance date.
The parties must prepare a draft Status Conference Order before the conference and either e-mail it to the Court in advance or provide it at the appearance.
Court's wording
The Part Clerk will circulate a blank Status Conference Order (SCO) form via e-mail in advance of the scheduled conference date. The parties are directed to prepare a draft SCO prior to the scheduled appearance, inclusive of any terms to which the parties agree. Please either provide the Court with the draft SCO via e-mail prior to the scheduled appearance or be prepared to provide same to the Court at the scheduled appearance.
Parties must e-mail a proposed Compliance Conference Order to the Part Clerk by 3:00 p.m. on the day before the conference, in lieu of appearing.
Court's wording
The Part Clerk will circulate a blank Compliance Conference Order (CCO) form via e-mail in advance of the scheduled conference date. Parties must submit a proposed CCO via email to the Part Clerk, in lieu of an appearance, no later than 3:00 p.m. the day prior to the scheduled appearance date.
If a party seeks a temporary restraint in an Order to Show Cause, they MUST provide proof that their adversary was notified about the application and the time, date and manner that the application will be presented for signature.
Letter motions are prohibited and will not be considered.
If leave to make a discovery-related motion was granted by the Court, the affirmation of good faith shall state precisely when and by whom it was granted leave to file the motion.
Absent advance permission of the court, reply papers shall not be submitted on orders to show cause.
The parties must submit proposed preliminary jury charges with PJI citations no later than 24 hours before trial.
Court's wording
The parties shall submit proposed preliminary jury charges, proposed verdict sheets and final jury charges, with Pattern Jury Instruction (PJI) citations, no later than 24 hours before the commencement of trial.
Counsel shall cite appropriate legal authority in support of suggested non-PJI charges or suggested PJI modifications.
For nonjury trials, the parties shall submit proposed findings of facts and conclusions of law within 10 calendar days of the close of the record, unless otherwise directed by the Court.
If any changes to the PJI are suggested, counsel must submit the full text with all proposed changes red-lined in Word format by email to Justice Lantry’s law clerks.
The proposed PCO must leave blank the spaces for the Compliance Conference date and Note of Issue filing deadline.
The proposed CCO must leave blank the spaces for the Status Conference date and Note of Issue filing deadline.
In the notice of motion or early in the affirmation in support, please state the date the Note of Issue was filed and that the motion is timely.
If oral argument is requested, the requesting party should include “Oral Argument Requested” next to the caption in the moving / opposing papers.
- Document
- Motion
- Placement
- Caption
Should include
- •Oral Argument Requested
Filing & Service rules
Electronic Filing Rules
A proposed Preliminary Conference Order may not be filed through NYSCEF; the Court's so-ordered version will be e-filed.
Do not file a proposed PCO via NYSCEF. The so-ordered document will be e-filed.
Civil cases
Page 1 | Discovery/Conferences — Preliminary Conferences
Correspondence and other documentation may not be uploaded to NYSCEF to request a response from the Court.
Do not upload correspondence or other documentation to NYSCEF with the intention of receiving a response from the Court.
Civil cases
Page 1 | Correspondence with the Court
A proposed Compliance Conference Order may not be filed through NYSCEF; the Court's so-ordered version will be e-filed.
Do not file a proposed CCO via NYSCEF. The so-ordered document will be e-filed.
Civil cases
Page 2 | Discovery/Conferences — Compliance Conferences
Working copies of motion papers must not be filed unless the Court expressly directs that they be filed.
Part 46 is a paperless part. Do not file working copies of motion papers unless expressly directed by the Court.
Civil cases
Page 3 | IV. Motions
Motions in limine must be submitted as directed at the pretrial conference, uploaded to NYSCEF, and emailed directly to Justice Lantry’s law clerks.
Motions in limine shall be submitted as directed by the Court at the pre- trial conference. Motions in limine shall be uploaded to NYSCEF and e-mailed directly to Justice Lantry’s law clerks.
Civil cases
Page 5 | c. Motions in Limine
Documents requesting the justice’s signature, including stipulations, subpoenas, transcripts, orders, and judgments, must be uploaded to NYSCEF for so-ordering.
Proposed “so-ordered” stipulations, subpoenas, transcripts, orders, judgments, and any other documents requesting the Justice’s signature shall be uploaded to NYSCEF.
Civil cases
Page 6 | VIII. Items to be “So-Ordered”
An attorney must upload the client's death certificate to NYSCEF when it becomes available.
If an attorney learns that his or her client has passed away, the attorney shall forthwith notify the Part Clerk of the client’s death and the date of death, if known, and upload the client’s death certificate to NYSCEF when available.
Civil cases
Page 7 | IX. Death of a Party
The Preliminary Conference Order approved and so ordered by the Court will be e-filed.
The so-ordered document will be e-filed.
Civil cases
Page 1 | Discovery/Conferences — Preliminary Conferences
The appropriate stipulation should be filed through NYSCEF when a matter is settled, discontinued, stayed, or otherwise disposed.
The parties have an ongoing obligation to notify the Court if a motion has been withdrawn or if a matter has been settled, discontinued, stayed, or otherwise disposed. Notification should be made via email to the Part Clerk, with the appropriate stipulation filed via NYSCEF.
Civil cases
Page 7 | X. Discontinued Actions/Withdrawn Motions
Filing Timing and Cure Windows
A summary-judgment motion must be filed no later than 60 days after the Note of Issue unless the Court grants leave.
All summary judgment motions must be made no later than 60 days after filing the Note of Issue. There are no exceptions without leave of Court.
Civil cases
Page 3 | IV. Motions — d. Summary Judgment motions
The deadline for proposed findings of fact and conclusions of law is 10 calendar days after the close of the record in a nonjury trial, unless the court directs otherwise.
For nonjury trials, the parties shall submit proposed findings of facts and conclusions of law within 10 calendar days of the close of the record, unless otherwise directed by the Court.
Civil cases
Page 6 | p. Findings of Facts and Conclusions of Law
Proposed preliminary jury charges are due no later than 24 hours before trial begins.
The parties shall submit proposed preliminary jury charges, proposed verdict sheets and final jury charges, with Pattern Jury Instruction (PJI) citations, no later than 24 hours before the commencement of trial.
Civil cases
Page 6 | q. Proposed Jury Charges, Verdict Sheets and Charge Conferences
After uploading a document for so-ordering, the parties must promptly notify the Park Clerk and request that it be so-ordered.
The parties shall promptly notify the Park Clerk of such filing and request that same be “so-ordered.”
Civil cases
Page 6 | VIII. Items to be “So-Ordered”
A late summary-judgment motion may be denied absent good cause, even if the opposing party does not object.
Absent good cause for late filing, a late motion may be denied, even if your adversary does not object.
Civil cases
Page 3 | IV. Motions — d. Summary Judgment motions
Service and Proof of Service Rules
Every movant must file a proper affidavit of service through NYSCEF, and relief will be denied without it.
All movants must make certain that an affidavit of service is filed via NYSCEF. Without a proper affidavit of service, relief will be denied.
Civil cases
Page 3 | IV. Motions
Pre-Motion Conference Requirements
A discovery motion may not be filed unless the party complies with 22 NYCRR §§ 202.7 and 202.20-f.
The parties may not file a motion relating to discovery without compliance with 22 NYCRR §§ 202.7 and 202.20-f.
Civil cases
Page 3 | IV. Motions — c. Discovery motions
An order to show cause is appropriate only when there is genuine urgency, a stay is required, or a statute mandates that procedure.
“[m]otions shall be brought on by order to show cause only when there is genuine urgency, a stay is required, or a statute mandates so proceeding.”
Civil cases
Page 3 | IV. Motions — e. Orders to Show Cause
Discovery must continue while a summary-judgment motion is pending unless the party shows good cause for a stay.
Discovery must continue during the pendency of a summary judgment motion, unless good cause is shown for a stay.
Civil cases
Page 3 | IV. Motions — d. Summary Judgment motions
A party must request a pre-filing conference before making a discovery motion, although counsel believing the conference futile may request leave to proceed without one.
In addition, the parties must request a conference with the Court prior to filing a motion pertaining to discovery. If the party believes such conference would be futile, counsel may also request leave to file the motion without a conference
Civil cases
Page 3 | IV. Motions — c. Discovery motions
An Order to Show Cause must first be processed by the Ex Parte Motion Office, and the movant should confirm processing and submission to chambers before asking the Part for status.
All Orders to Show Cause must first be processed by the Ex Parte Motion Office. A movant should first contact that office to ensure that the Order to Show Cause has been processed and submitted to chambers before inquiring with the Part about the status of the Order to Show Cause.
Civil cases
Page 3 | IV. Motions — e. Orders to Show Cause
The Court may in its discretion hold the conference or grant leave to make the discovery motion without one.
It is within the Court’s discretion to hold a conference or grant leave to move without conducting a conference first.
Civil cases
Page 3 | IV. Motions — c. Discovery motions
Adjournment & Extension Requirements
Motion-adjournment requests are addressed to the Motion Support Office, except that a request more than 60 days after the original return date requires a so-ordered stipulation filed on NYSCEF and emailed to the Part Clerk.
Adjournments of motions are to be addressed to the Motion Support Office unless the parties are seeking to adjourn a motion submission date more than 60 days after the original return date. In that case, the stipulation will need to be so ordered, and the parties must appropriately file the stipulation on NYSCEF. The stipulation must be e-mailed to the Part Clerk.
Civil cases
Page 4 | VI. Adjournments/Scheduling — c. Motion Adjournments
An adjournment request for a conference or motion appearance must be submitted at least 48 hours in advance, absent exigent circumstances, and state whether all parties consent.
A request for an adjournment of a conference or motion appearance must be made at least 48 hours in advance, absent exigent circumstances, and must indicate whether all parties consent to the adjournment.
Civil cases
Page 4 | VI. Adjournments/Scheduling
A request to adjourn a conference or adjust a motion schedule must state a valid reason and obtain an order granting the request.
Any request to adjourn a conference or adjust a motion schedule must set forth a valid reason for the adjournment/extension request and must be so-ordered.
Civil cases
Page 4 | VI. Adjournments/Scheduling
A disputed adjournment request must be emailed to the Part Clerk with all parties copied; an unconsented request made less than 48 hours before the scheduled date may not be considered, and counsel must ordinarily appear on that date to request it orally.
If a dispute arises concerning a request for an adjournment, the requesting party is to e-mail the Part Clerk with all parties copied. Requests for adjournments not on consent made less than 48 hours before the scheduled date may not be considered. Unless the Court instructs otherwise, counsel must appear on the scheduled date to make an oral application for the adjournment.
Civil cases
Page 4 | VI. Adjournments/Scheduling — d. Disputes in Adjournment Requests
Deadlines established in a PCO, CCO, or SCO may be extended only with the Court's permission and a showing of good cause.
deadlines set forth in a PCO, CCO or SCO shall be allowed except with permission of the court for good cause shown.
Civil cases
Page 3 | VI. Adjournments/Scheduling
Chambers Communication Rules
A party represented by an attorney may not contact the Court unless the Court expressly directs it to do so.
No party represented by an attorney shall contact the Court, unless expressly directed to do so by the Court.
Civil cases
Page 1 | Correspondence with the Court
Attorneys and unrepresented parties may not discuss the merits of a case with the Part Clerk by e-mail.
No attorney or unrepresented party shall discuss the merits of their case via e-mail or telephone with the Part Clerk.
Civil cases
Page 1 | Correspondence with the Court
Ex parte communications with the Court are prohibited, and all parties must participate in any communication with the Court.
Ex parte communications are strictly prohibited. Do not contact the Court via e-mail, telephone, or any other means of communication unless all parties participate in the communication.
Civil cases
Page 1 | Correspondence with the Court
Failure to submit the proposed Preliminary Conference Order by the deadline requires an in-person appearance at the scheduled conference.
Failure to submit by the deadline will require an in-person appearance on the scheduled conference date.
Civil cases
Page 1 | Discovery/Conferences — Preliminary Conferences
Submitting the Status Conference Order by e-mail in advance does not excuse the parties from appearing in person.
Please note that providing a SCO via e-mail in advance of the scheduled appearance does not relieve the parties of the requirement that they must appear in-person at the conference.
Civil cases
Page 2 | Discovery/Conferences — Status Conferences
The parties must appear in person at Status Conferences.
In-person appearances are required for Status Conferences.
Civil cases
Page 2 | Discovery/Conferences — Status Conferences
If the parties cannot agree on CCO terms, they must advise the Court by e-mail by 3:00 p.m. the day before the conference so it can arrange an in-person conference.
If the parties cannot agree as to what terms should be included in the CCO, the parties must advise the Court via email correspondence by 3:00 p.m. the day prior to the scheduled appearance date so that the Court can arrange for an in-person conference with the parties.
Civil cases
Page 2 | Discovery/Conferences — Compliance Conferences
If the parties cannot agree on PCO terms, they must advise the Court by e-mail by 3:00 p.m. the day before the conference so it can arrange an in-person conference.
If the parties cannot agree as to what terms should be included in the PCO, the parties must advise the Court via email correspondence by 3:00 p.m. the day prior to the scheduled appearance date so that the Court can arrange for an in-person conference with the parties.
Civil cases
Page 2 | Discovery/Conferences — Preliminary Conferences
All correspondence sent to the Part Clerk must be copied to every other attorney or unrepresented party in the action.
All correspondence directed to the Part Clerk shall be copied to all other attorneys or unrepresented parties in the action.
Civil cases
Page 1 | Correspondence with the Court
A party requesting an in-person conference for another reason must advise the Court by 3:00 p.m. the day before the scheduled appearance.
If the parties request an in-person conference for any other reason, please advise the Court by 3:00 p.m. the day prior to the scheduled appearance date.
Civil cases
Page 2 | Discovery/Conferences — Preliminary Conferences
When a motion is withdrawn or a matter is settled, discontinued, stayed, or otherwise disposed, parties should notify the Part Clerk by email and file the appropriate stipulation through NYSCEF.
The parties have an ongoing obligation to notify the Court if a motion has been withdrawn or if a matter has been settled, discontinued, stayed, or otherwise disposed. Notification should be made via email to the Part Clerk, with the appropriate stipulation filed via NYSCEF.
Civil cases
Page 7 | X. Discontinued Actions/Withdrawn Motions
At any point in the litigation, a party may request a conference by e-mailing the Part Clerk.
At any time during the litigation, the parties have leave to contact the Court with a request for a conference with the Court. The request should be made by contacting the Part Clerk via e-mail.
Civil cases
Page 2 | Discovery/Conferences
Before the return date, a request for oral argument may also be emailed to the Part Clerk and Law Clerks.
Prior to the return date, requests for oral arguments can also be directed to the Part Clerk and Law Clerks via e-mail.
Civil cases
Page 4 | V. Oral Arguments