Judge Christie L. D'Alessio
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Attorney filings
Court-wide- 1 copy • Following Initial Notification
Courtesy copies
Court-wide- Civil, Pro Se:
- Not required
- Civil, Pro Se:Within 48 Hours
Note of Issue and Certificate of Readiness
Court-wide- Within Two Business Days
Stipulation of Discontinuance
Court-wide- 1 copy
Adjournments
- As a matter of Part policy, only one brief adjournment of a scheduled hearing date may be requested.
- After receiving notice of the adjourned date, the requesting party must notify all other parties.
- All adjournments require specific Court permission, and the requesting party must first seek consent from all other counsel or self-represented parties.
- +1 more
Request must include
Communication
Clerk9 contacts
- medmalwestchester@
nycourts.gov - rocklandauctions@
nycourts.gov - dutchessauctions@
nycourts.gov - orangeauctions@
nycourts.gov - putnamauctions@
nycourts.gov - tapwestchester@
nycourts.gov
Show 3 moreShow fewer
Other Contacts2 contacts
Document Filing Requirements13 rules
Mental Hygiene Law Article 81 Guardianships are commenced by the filing of a Notice of Article 81 Proceeding, an Order to Show Cause (OSC), Verified Petition, and supporting papers with a copy of the RJI.
The proposed Findings and Judgment, along with a copy of the transcript, shall be served on all interested parties and filed with Notice of Settlement, or as otherwise directed by the Court.
All filings and correspondence sent to the Court must contain the assigned Index Number, Judge’s name (if known), the AIP’s/IP’s full name, and, if applicable, the return date.
All proposed Findings and Judgments shall follow the court form, which may be obtained from the Westchester Guardianship Part website or from the Part Clerk or Referee listed above
If known, the proposed judgment must contain the proposed Guardian(s)’ name(s), address(es), email address(es), and phone number(s).
Upon receiving the judgment and UCS Form 872, each appointee must complete, execute, and return the form to the Fiduciary Clerk.
Court's wording
ORDERED AND ADJUDGED, that upon receipt of this Judgment and UCS Form 872 (Notice of Appointment and Certification of Compliance), all appointees shall complete, execute and return the UCS Form 872 to the Fiduciary Clerk;
All proposed judgments submitted to the Court that reference a Part 36 appointee must include the following fiduciary language:
8. All proposed orders for post-judgment matters shall be submitted within seven (7) days of the court appearance, or as otherwise directed by the Court. The proposed orders shall be served on all interested parties and filed with Notice of Settlement, or as otherwise directed by the Court.
16. An affirmation for legal or professional fees must be accompanied by a detailed affirmation of services and an itemized billing sheet and hourly rate(s) and a copy of the Retainer, if applicable. The request for attorney’s fees must be approved by the Court prior to any payment being made.
Upon completion of the hearing, all individuals appointed by the Court shall comply with Part 36 of the Rules of the Chief Judge and file, when appropriate, a Statement of Approval of Compensation (UCS Form 875 - with items 1 through 13 completed) along with their detailed Affidavit of Legal Services and timesheets/invoice.
11. All requests for unsealing sealed Guardianship matters (see, MHL § 81.14) must be made by way of Order to Show Cause.
21. The Ex Parte Order to Discharge Guardian after the final accounting has been approved shall be filed with the Court by the date set by the Court in the order approving the Final Accounting, on notice to any other party entitled to notice.
All appearances are in person, in Westchester Supreme Court. Requests for an accommodation to appear virtually shall be made in writing to the Court and on notice to all parties and shall state a reason for the request.
Filing & Service rules
Electronic Filing Rules
Post-judgment applications in electronically initiated guardianship matters must be e-filed through NYSCEF, while all other Article 81 matters must be submitted by U.S. mail or in person to the Westchester County Clerk.
The Guardianship Part will not accept paper filings for NYSCEF matters. Post-judgment applications on Guardianship matters that were initiated electronically must be e-filed through the NYSCEF site. All other Article 81 Guardianship matters are deemed “paper cases” for which filings must be submitted via U.S. mail or in person at the Westchester County Clerk’s office.
Page 1 | WESTCHESTER COUNTY GUARDIANSHIP PART
All initial Article 81 guardianship applications must be filed electronically through NYSCEF.
All initial applications are to be electronically filed through the New York State Courts Electronic Filing (NYSCEF) system at https://iapps.courts.state.ny.us/nyscef/Login ).
Page 1 | WESTCHESTER COUNTY GUARDIANSHIP PART
Neither filings nor proposed orders may be submitted to the Guardianship Part by email.
The Guardianship Part will not accept filings or proposed orders via email.
Page 1 | WESTCHESTER COUNTY GUARDIANSHIP PART
Filing Timing and Cure Windows
Proposed Findings and Judgments must be submitted within seven days after receipt of the transcript unless the Court directs otherwise.
All proposed Findings and Judgments shall follow the court form, which may be obtained from the Westchester Guardianship Part website or from the Part Clerk or Referee listed above and be submitted within seven (7) days from receipt of the transcript, or as otherwise directed by the Court.
Page 2 | WESTCHESTER COUNTY GUARDIANSHIP PART
Post-judgment proposed orders must be submitted within seven days of the court appearance unless the Court directs otherwise.
8. All proposed orders for post-judgment matters shall be submitted within seven (7) days of the court appearance, or as otherwise directed by the Court.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
Initial guardian reports are due within 90 days of the judgment, annual accountings are due no later than May 15 for the preceding calendar year, and final accountings are due within 45 days after death or other termination of guardianship.
20. The filing schedule for Guardian’s accountings is: a. Initial Report - within 90 days of the signing of the Judgment. b. Annual Accountings - no later than May 15th for the preceding calendar year. c. Final Accountings - within 45 days of the death of the IP or other termination of the guardianship.
Page 4 | WESTCHESTER COUNTY GUARDIANSHIP PART
The Ex Parte Order to Discharge Guardian must be filed by the date set by the Court in the order approving the Final Accounting and served on any party entitled to notice.
21. The Ex Parte Order to Discharge Guardian after the final accounting has been approved shall be filed with the Court by the date set by the Court in the order approving the Final Accounting, on notice to any other party entitled to notice.
Page 4 | WESTCHESTER COUNTY GUARDIANSHIP PART
Service and Proof of Service Rules
Post-judgment applications must be filed with the Westchester County Clerk and noticed to all interested parties in the manner stated in the Findings of Fact, Conclusions of Law and Judgment.
All post-judgment applications shall be filed with the Westchester County Clerk and noticed to all interested parties as set forth in the Findings of Fact, Conclusions of Law and Judgment.
Page 1 | WESTCHESTER COUNTY GUARDIANSHIP PART
Proof of service must be filed with the court at least two business days before the return date for every OSC, motion, and post-judgment application.
Proof of service must be filed with the Court at least two (2) business days before the return date of all OSC, motions, and post-judgment applications.
Page 1 | WESTCHESTER COUNTY GUARDIANSHIP PART
The proposed Findings and Judgment and a transcript copy must be served on all interested parties and filed with a Notice of Settlement unless the Court directs otherwise.
The proposed Findings and Judgment, along with a copy of the transcript, shall be served on all interested parties and filed with Notice of Settlement, or as otherwise directed by the Court.
Page 2 | WESTCHESTER COUNTY GUARDIANSHIP PART
The movant must serve all decisions, orders, and judgments on counsel, guardians, the Court Examiner, and interested parties within ten days unless the Court directs otherwise.
9. All decisions, orders, and judgments shall be served by the movant on all counsel, Guardian(s), Court Examiner, and interested parties within ten (10) days of the date of the decision, order, and judgment, unless otherwise directed by the Court.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
Post-judgment proposed orders must be served on all interested parties and filed with a Notice of Settlement unless the Court directs otherwise.
The proposed orders shall be served on all interested parties and filed with Notice of Settlement, or as otherwise directed by the Court.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
Applications for attorney or professional fees must be served on Mental Hygiene Legal Service or other appointed or retained counsel, the Court Examiner, guardians, and any other entity or party entitled to notice under the findings, conclusions, and judgment.
17. All applications for attorney/professional fees shall be served on Mental Hygiene Legal Service (or other appointed or retained counsel), the Court Examiner, and the Guardian(s), and any other entity or party entitled to notice pursuant to the Findings of Fact, Conclusions of Law and Judgment.
Page 4 | WESTCHESTER COUNTY GUARDIANSHIP PART
All initial, annual, and final guardian accountings must be filed with the County Clerk, and a copy must be sent directly to the appointed Court Examiner.
19. All Guardian accountings (initial, annual, and final) must be filed in the County Clerk’s Office and a copy of the accounting(s) shall be sent directly to the appointed Court Examiner.
Page 4 | WESTCHESTER COUNTY GUARDIANSHIP PART
Filing Fees and Waivers
The Court must approve any request for attorney’s fees before payment is made.
The request for attorney’s fees must be approved by the Court prior to any payment being made.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
No guardianship commissions or professional-service fees may be paid without a prior court order.
18. No guardianship commissions or fees for any professional services shall be paid without prior court order.
Page 4 | WESTCHESTER COUNTY GUARDIANSHIP PART
Estate assets may not be dispersed or turned over to the Surrogate’s Court without the prior approval of this Court.
Note: No estate assets may be dispersed or turned over to the Surrogate’s Court without prior approval of this Court.
Page 4 | WESTCHESTER COUNTY GUARDIANSHIP PART
Pre-Motion Conference Requirements
Cross-petitions may not be filed without the Court’s permission.
12. Cross-Petitions shall not be filed without permission of the Court.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
Discovery motions require the Court’s prior permission, and discovery is permitted only under unusual circumstances.
10. No discovery motions shall be allowed without prior permission of the Court. The CPLR is the governing procedure for all motions. Discovery shall not be permitted except under unusual circumstances.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
Adjournment & Extension Requirements
All adjournments require specific Court permission, and the requesting party must first seek consent from all other counsel or self-represented parties.
13. All adjournments require specific permission of the Court. Prior to making an adjournment request to the Court, counsel or a self-represented party must first seek the consent of all other counsel or self-represented parties.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
The requesting party must submit a letter to the Court on notice to all parties stating the reason for the request, whether it is consensual, and any unavailable attorney or self-represented party.
The party requesting the adjournment must submit a letter to the Court, on notice to all counsel or self-represented parties, indicating the reason for the adjournment request, whether the adjournment is on consent and noting the unavailability of any of the attorneys or self-represented parties so that the Court may select a new date in the event that the request is granted by the Court.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
After receiving notice of the adjourned date, the requesting party must notify all other parties.
Once notified of the adjourned date, the requesting party will be responsible to notify all other parties.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
As a matter of Part policy, only one brief adjournment of a scheduled hearing date may be requested.
Due to statutory dictates, it is the policy of the Part that only one (1) brief adjournment of a scheduled hearing date may be requested.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
Chambers Communication Rules
Counsel or a self-represented party needing a sign or spoken-language interpreter must notify the Part Clerk at least two weeks before the appearance date.
In the event a sign or spoken language interpreter is required at any stage of the litigation, counsel or the self-represented party shall notify the Part Clerk at least two (2) weeks in advance of the appearance date so arrangements can be made.
Page 2 | WESTCHESTER COUNTY GUARDIANSHIP PART
Counsel or a self-represented party needing special accommodations must notify the Part Clerk at least two weeks before the appearance.
If any party needs special accommodations (e.g., assisted hearing device, under the Americans with Disabilities Act), counsel or the self-represented party shall notify the Part Clerk at least two (2) weeks in advance of the appearance so arrangements can be made.
Page 2 | WESTCHESTER COUNTY GUARDIANSHIP PART