New York Supreme Court, Westchester County

The proposed Preliminary Conference Order must be submitted through NYSCEF at least two days before the scheduled conference.

Parties must submit the proposed Preliminary Conference Order at least two (2) days prior to the scheduled Conference via New York State Courts Electronic Filing (NYSCEF).

Page 3 | B. The Preliminary Conference

A written custody stipulation must be executed in deed-recordable form and filed through NYSCEF for the court to so order it, unless the parties instead place the agreement on the record and provide a transcript.

The stipulation must be signed and acknowledged in the form to have a deed recorded, filed via NYSCEF, and submitted to the Court to be “So Ordered by the Court”. Alternatively, the parties may also elect to place the terms of the agreement on the record before the Court, followed by an allocution of the parties by the assigned Justice, and a transcript shall be provided to the Court to be “So Ordered”.

Page 6 | IV. Issues relating to Unemancipated Children of the Marriage

A request to submit a sur-reply must be filed on NYSCEF and emailed to the assigned justice’s chambers or a court-attorney referee.

Requests to submit sur-replies shall be filed on NYSCEF and e-mailed to the Chambers of the assigned Justice or to a Court-Attorney Referee.

Page 9 | Sur-replies

Motion practice may not be conducted by correspondence or email, and the court will not consider such communications.

The Court does not permit motion practice by correspondence or e-mail, and such communication will not be considered by the Court.

Page 9 | Sur-replies

Unless the specified discontinuance, settlement, or separation documents are filed with the Part Clerk or through NYSCEF, the trial must proceed on its scheduled first day.

On the first day scheduled for trial, the trial shall proceed unless either: (1) a stamped copy of a Notice or Stipulation of Discontinuance is filed with the Part Clerk or via NYSCEF; or (2) a fully executed copy of a Stipulation of Settlement or Separation Agreement is filed with the Part Clerk or via NYSCEF.

Page 10 | VII.A. Scheduling

The Court generally prohibits filing legal papers by fax or by electronic transmission outside NYSCEF unless the Court specifically approves that method.

Unless specifically approved by the Court, the Court does not accept legal papers of any kind by fax transmission or electronic transmission separate from NYSCEF.

Page 15 | F. Fax/electronic transmissions

Any so-ordered or stipulated adjournment must be filed in NYSCEF.

Any “So-Ordered” or Stipulated adjournment shall be filed in NYSCEF.

Page 15 | C. Adjournment Requests

Medical, dental, and podiatric malpractice actions commenced in Westchester County Supreme Court must be filed electronically through NYSCEF.

Any medical, dental or podiatric malpractice action commenced in Supreme Court, Westchester County, is subject to mandatory electronic filing utilizing the New York State Courts Electronic Filing System (“NYSCEF”)

Page 2 | A. GENERAL PROVISIONS

After a preliminary-conference stipulation is accepted and entered as an order, the Court must upload it to NYSCEF.

If the preliminary conference stipulation is deemed acceptable and so-ordered, it shall be uploaded to the NYSCEF system by the Court (22 NYCRR 202.12 [b]).

Page 3 | B. PRELIMINARY CONFERENCES

The MDPM Part prohibits submission of papers by fax.

The MDPM Part does not accept papers of any kind by fax transmission.

Page 3 | A. GENERAL PROVISIONS

Discovery responses and materials generally may not be electronically filed unless a stipulation authorizes it; absent such a stipulation, only excerpts, quotations, or selected exhibits may be included in court filings, unless governing law or a Part rule provides otherwise.

However, in any action subject to e-filing, parties and non-parties producing materials in response to discovery demands may enter into a stipulation authorizing the electronic filing of discovery responses and discovery materials to the degree and upon terms and conditions set forth in the stipulation. In the absence of such a stipulation, no party shall file electronically any such materials except in the form of excerpts, quotations, or selected exhibits from such materials as part of motion papers, pleadings or other filings with the court unless otherwise specified by statute, rule or MDPM Part rule.

Page 6 | D. DISCOVERY MATERIALS AND REQUIRED REDACTION

A Note of Issue or trial-readiness challenge must be submitted through NYSCEF.

An application to vacate a Note of Issue or to otherwise challenge readiness for trial shall be made via NYSCEF

Page 7 | Motions to Vacate a Note of Issue

A proposed stipulation or order must be filed through NYSCEF whenever an adjournment is requested.

A proposed stipulation of the parties or order shall be filed via NYSCEF when any request for an adjournment is made.

Page 7 | Return dates and Adjournments

A proposed stipulation or order must be filed through NYSCEF with any motion-paper length application.

A proposed stipulation of the parties or proposed order shall be filed via NYSCEF when any application with respect to the length of the motion papers is made.

Page 8 | Length of Papers

A document required to be filed through NYSCEF may not be considered if counsel fails to file it.

Should counsel fail to file a document required to be filed to NYSCEF, that document may not be considered.

Page 8 | Length of Papers

A letter reporting the withdrawal or mootness of a motion must be uploaded to NYSCEF.

The parties shall immediately notify the Part Clerk by email and letter uploaded to NYSCEF in the event that a motion is withdrawn or rendered moot.

Page 8 | Withdrawal of Motions

The plaintiff must serve and file a Note of Issue and Certificate of Readiness through NYSCEF as required by the Trial Readiness Order.

Once discovery is complete or has been deemed waived, the MDPM Part shall issue a Trial Readiness Order pursuant to which plaintiff will be ordered to serve and file via NYSCEF a Note of Issue and Certificate of Readiness within twenty (20) days.

Page 8 | F. NOTE OF ISSUE AND MOTIONS FOR SUMMARY JUDGMENT

Opposition and reply papers in summary-judgment practice must be filed electronically through NYSCEF.

opposition papers must be served and filed via NYSCEF within thirty (30) days of service and filing via the NYSCEF system of motion papers, and reply papers, if any, must be served and filed via NYSCEF within ten (10) days following service of any opposition papers.

Page 9 | F. PRELIMINARY CONFERENCES

Failure to file the required settlement stipulation through NYSCEF before the compliance conference requires the parties to attend and report on the settlement.

If a stipulation of discontinuance or stipulation of settlement (subject to a compromise order or wrongful death order) is not filed via NYSCEF prior to the scheduled compliance conference, the parties shall appear on the scheduled compliance conference date to report to the Court the status of any such settlement.

Page 9 | G. SETTLEMENT CONFERENCES

A malpractice discontinuance stipulation must be filed electronically through NYSCEF before the case is marked settled and disposed.

When a medical, dental or podiatric malpractice action is settled, discontinued or otherwise disposed of, counsel or self-represented parties must promptly file a stipulation of discontinuance via NYSCEF before the case is marked settled and disposed (22 NYCRR 202.28).

Page 9 | G. SETTLEMENT CONFERENCES

The executed trial-readiness stipulation must be filed electronically through NYSCEF.

The form must be executed by all parties and filed as a “Stipulation – Trial Readiness (Request to So Order)” via NYSCEF.

Page 9 | F. PRELIMINARY CONFERENCES

A proposed stipulation or proposed order must accompany every summary-judgment adjournment request and be filed electronically through NYSCEF.

A proposed stipulation of the parties or proposed order shall be filed via NYSCEF when any request for an adjournment is made.

Page 9 | F. PRELIMINARY CONFERENCES

The Court does not accept any papers by fax without prior Court approval.

The Court does not accept papers of any kind by fax transmission without prior Court approval.

Page 4 | III. GENERAL RULES

The original of all correspondence must be mailed to the ECP Clerk.

However, the original of all correspondence must be mailed to the ECP Clerk.

Page 4 | III. GENERAL RULES

In e-filed cases, hard-copy submissions will be rejected unless they bear the required Notice of Hard Copy Submission - E-Filed Case form.

This Part will reject any hard copy submissions in e-filed cases unless those submissions bear the “NOTICE OF HARD COPY SUBMISSION - E-FILED CASE” form required by Uniform Trial Court Rule § 202.5-v(d)(1).

Page 5 | General Rules

The proposed Preliminary Conference Order is due at least two days before the scheduled conference.

Parties must submit the proposed Preliminary Conference Order at least two (2) days prior to the scheduled Conference via New York State Courts Electronic Filing (NYSCEF).

Page 3 | B. The Preliminary Conference

Counsel and self-represented parties must file the required Statements of Net Worth and attachments no later than 10 days before the Preliminary Conference.

Counsel and self- represented parties must also file Statements of Net Worth and attachments required by 22 NYCRR §202.16 (f)(1)(i-vi) (a) and (b) no later than ten (10) days prior to the date of the Preliminary Conference.

Page 3 | B. The Preliminary Conference

A party opposing any part of an application must submit its opposition and basis within five days after receiving the application.

Such statement shall be served upon all adverse parties, and any party opposing the application, in whole or in part, shall submit a statement, setting forth which part(s) of the application is opposed and the basis for such opposition within five (5) days of receipt of the application.

Page 5 | III. Court Conferences — B. The Preliminary Conference

If decision-making and parenting-time issues are resolved at the Preliminary Conference, the parties must submit a fully executed stipulation addressing those issues within ten days after the conference.

If all issues relating to decision-making and/or parenting time have been resolved by the conclusion of the Preliminary Conference, the assigned Justice shall require that the parties submit, within ten (10) days after the date of the Preliminary Conference, a fully executed stipulation addressing decision-making, and residential custody and access.

Page 6 | IV. Issues relating to Unemancipated Children of the Marriage

Plaintiff must serve and file a Note of Issue and Certificate of Readiness by the date in the Preliminary Conference Order, unless the Court extends it, and no later than ten (10) days after the Trial Ready Conference.

Plaintiff shall serve and file a Note of Issue and Certificate of Readiness on or before the date set in the Preliminary Conference Order, unless extended by the Court, but not later than ten (10) days of the date of the Trial Ready Conference.

Page 10 | VI.A. Filing of Note of Issue

The court may preclude an expert whose report was not exchanged at least 60 days before trial.

The Court may preclude the use of an expert whose report has not been exchanged at least sixty (60) days prior to trial.

Page 10 | VI.B. Expert Reports

A case discontinued by notice or stipulation is marked disposed once a filed-stamped copy is filed with the assigned justice's Part Clerk.

2. Cases which are being discontinued through a Notice or Stipulation of Discontinuance will be marked disposed when a filed-stamped copy of the Notice or Stipulation is filed with the Part Clerk of the assigned Matrimonial Justice.

Page 13 | X. Settled and Discontinued Cases — A. Discontinuances

The Court-set deadline for required settlement papers is firm, and counsel and parties must appear if the papers are untimely; no appearance is needed after timely filing if counsel provides the required notice.

3. In all settled cases, upon the filing of a Stipulation of Settlement or Separation Agreement, the Court will provide a date by which the Judgment of Divorce, Findings of Fact and Conclusions of Law, etc. are to be filed. This date is a firm date. Counsel and the parties must appear on this date if the papers have not been timely filed. There is no need for an appearance on the date set by the Court if the papers were timely filed and counsel has given the Court the requisite notice (set forth below) of such filing.

Page 14 | X. Settled and Discontinued Cases — B. Settled Cases

All case-management deadlines continue to apply until the party who filed the initial Request for Judicial Intervention files a fully executed settlement stipulation or separation agreement with the assigned justice's Part Clerk.

2. All case management time-limits remain in full force and effect unless and until a fully executed copy of a Stipulation of Settlement or Separation Agreement is filed with the Part Clerk of the assigned Matrimonial Justice by the party who filed the initial Request for Judicial Intervention.

Page 14 | X. Settled and Discontinued Cases — B. Settled Cases

The MDPM Part must issue a NYSCEF Court Notice establishing the preliminary-conference stipulation submission control date.

A Court Notice shall be issued by the MDPM Part via NYSCEF setting forth a control date for the submission of a preliminary conference stipulation (22 NYCRR 202.12).

Page 3 | B. PRELIMINARY CONFERENCES

An application challenging the Note of Issue or trial readiness must be filed through NYSCEF within twenty days after service of the Note of Issue.

An application to vacate a Note of Issue or to otherwise challenge readiness for trial shall be made via NYSCEF within twenty (20) days of the service of the Note of Issue as required by 22 NYCRR 202.21 (e).

Page 7 | Motions to Vacate a Note of Issue

A Note of Issue challenge filed after the twenty-day period will be denied except in unusual or unanticipated circumstances recognized by the cited rule.

Applications made after the twenty (20) day period has expired shall be denied except in the unusual or unanticipated circumstances recognized by 22 NYCRR 202.21 (d).

Page 7 | Motions to Vacate a Note of Issue

After discovery is complete or deemed waived, the plaintiff must serve and file a Note of Issue and Certificate of Readiness through NYSCEF within twenty days of the Trial Readiness Order.

Once discovery is complete or has been deemed waived, the MDPM Part shall issue a Trial Readiness Order pursuant to which plaintiff will be ordered to serve and file via NYSCEF a Note of Issue and Certificate of Readiness within twenty (20) days.

Page 8 | F. NOTE OF ISSUE AND MOTIONS FOR SUMMARY JUDGMENT

A party seeking an exception to motion-paper length limits must promptly file a request letter stating the reasons and whether opposing counsel consents.

Any party seeking to bring an application with respect to the length of the motion papers shall promptly file a letter with the request, setting forth the reason(s) for the application as well as whether opposing counsel consents to the request.

Page 8 | Length of Papers

The Part Clerk must be notified immediately by email and NYSCEF letter if a motion is withdrawn or rendered moot.

The parties shall immediately notify the Part Clerk by email and letter uploaded to NYSCEF in the event that a motion is withdrawn or rendered moot.

Page 8 | Withdrawal of Motions

Any summary-judgment motion must be made within 60 days after the Note of Issue is filed, with the deadline stated in the Trial Readiness Order.

The deadline for any post-note summary judgment motions shall be set forth in the Trial Readiness Order which shall provide that any motion for summary judgment by any party must be made within sixty (60) days following the filing of the Note of Issue;

Page 9 | F. PRELIMINARY CONFERENCES

Opposition papers must be served and filed through NYSCEF within 30 days, and reply papers, if any, within 10 days after service of the opposition papers.

opposition papers must be served and filed via NYSCEF within thirty (30) days of service and filing via the NYSCEF system of motion papers, and reply papers, if any, must be served and filed via NYSCEF within ten (10) days following service of any opposition papers.

Page 9 | F. PRELIMINARY CONFERENCES

Failure to timely file the compromise-order settlement stipulation requires the parties to appear at the next conference.

If the parties fail to timely file a stipulation of settlement subject to a compromise order, they are required to appear at the next scheduled conference.

Page 10 | H. COMPROMISE ORDERS

Unless the Administrative Judge directs otherwise, mediation does not extend or stay deadlines or proceedings, including discovery, motion practice, and trials.

However, as set forth in the rules, unless otherwise directed by the Administrative Judge, all deadlines and proceedings, including discovery, motion practice and trials, shall not be extended or stayed during mediation.

Page 11 | I. MEDIATION

The Court will not mark a matter settled until it receives a copy of a stipulation of discontinuance whose original has been filed with the County Clerk.

The Court will not mark any matter settled unless it has received a copy of a stipulation of discontinuance, the original of which has been filed with the County Clerk.

Page 3 | III. GENERAL RULES

The opportunity to submit opposition, cross-moving, or reply papers is lost after the return date unless an adjournment is arranged or court permission is obtained.

If opposition, cross-moving, or reply papers are not submitted by the return date, the opportunity to do so will be lost, unless an adjournment is arranged or Court permission is obtained.

Page 5 | IV. Motion/Petition Practice

Opposition, cross-moving, and reply papers must be received by the Court before or at the submission-calendar call on the motion’s return date.

The Court will call a motion submission calendar for the purpose of providing an efficient, orderly means for the parties to submit, and the Court to collect, all opposition, cross-moving, and reply papers in connection with motions on the calendar. All papers in connection with a motion shall be received by the Court prior to, or at the time of, the calendar call on the return date of the motion.

Page 5 | IV. Motion/Petition Practice

When proof of service of the summons and complaint is filed, the plaintiff must simultaneously file the prescribed specialized RJI form with the county clerk in a covered residential mortgage foreclosure action.

“At the time that proof of service of the summons and complaint is filed with the county clerk, plaintiff shall file with the county clerk a specialized request for judicial intervention (“RJI”), on a form prescribed by the Chief Administrator of the Courts, applicable to residential mortgage foreclosure actions covered by this section” (Uniform Rule § 202.12-a[b]).

Page 3 | SECTION 2, B. Mandatory RJIs and Conference Scheduling

The initial settlement conference must be scheduled to occur within 60 days after the RJI is filed.

Promptly thereafter, the Court will schedule an initial “settlement conference to be held within 60 days after the date of the filing of the RJI” (Uniform Rule § 202.12-a[c][1]).

Page 3 | SECTION 2, B. Mandatory RJIs and Conference Scheduling

Plaintiff must serve the Note of Issue and Certificate of Readiness and file them with the court.

Plaintiff shall serve and file a Note of Issue and Certificate of Readiness

Page 10 | VI.A. Filing of Note of Issue

Opposition to a post-settlement final-compensation application must be served and filed within 10 days after the application is served.

Opposition to the application shall be served and filed within ten (10) days of the service of the application.

Page 16 | XII.C. Application for Final Approval — 1. Upon Final Settlement of Custody/Access

Documents filed through NYSCEF must be mailed to a party who opted out of NYSCEF, with proof of service filed through NYSCEF.

If a party has opted out of NYSCEF, a copy of any document filed via NYSCEF must be served upon that party by mail within the prescribed time periods and proof of service thereof filed via NYSCEF.

Page 2 | A. GENERAL PROVISIONS

Summary-judgment opposition and reply papers must be served and filed electronically through NYSCEF.

opposition papers must be served and filed via NYSCEF within thirty (30) days of service and filing via the NYSCEF system of motion papers, and reply papers, if any, must be served and filed via NYSCEF within ten (10) days following service of any opposition papers.

Page 9 | F. PRELIMINARY CONFERENCES

Within five days after service, an opponent may join or oppose an ECP assignment application by submitting a one-page letter and providing notice to all adverse counsel and unrepresented parties.

Within five days of service of the RJI and letter application, opposing counsel or any unrepresented party may join in the application or oppose it by submitting to the Administrative Judge a one-page letter, including the criteria set forth in I (A) or (B), on notice to all adverse counsel and unrepresented parties.

Page 3 | II. ENVIRONMENTAL CLAIMS PART ASSIGNMENT PROCEDURES

The ECP assignment application must be served upon all parties or their counsel.

The letter application shall be served upon all parties or counsel

Page 3 | II. ENVIRONMENTAL CLAIMS PART ASSIGNMENT PROCEDURES

A party seeking discovery must promptly file a Request for Preliminary Conference and, if not already served, serve discovery demands; discovery not timely pursued may be deemed waived.

Any party seeking discovery shall promptly file a Request For Preliminary Conference, and to the extent not previously served, serve discovery demands.

Page 7 | J. Settled and Non-Settled Actions

Unless waived in writing or on the record, parties must serve documentary evidence on all other parties at least 30 days before trial.

Unless waived in writing or on the record, any party intending to offer documentary evidence at trial, including but not limited to accident reports, medical records and lost income records, shall serve copies upon all parties not less than thirty (30) days before trial.

Civil cases

Page 2 | Pre-trial submissions

Counsel and self-represented parties must exchange the required Statements of Net Worth and attachments.

Statements of Net Worth and attachments required by 22 NYCRR §202.16 (f)(1)(i-vi) (a) and (b) shall be exchanged between counsel and/or self-represented parties.

Page 3 | III. Court Conferences — B. The Preliminary Conference

Opposition to a final-compensation application must be served and filed within 10 days after the application is served.

Opposition to the application shall be served and filed within ten (10) days of the service of the application.

Page 16 | C. Application for Final Approval, 1. Upon Final Settlement of Custody/Access

When an action is assigned to the FSCP, the court will place notice of the initial conference date on NYSCEF for all parties.

When an action is assigned to the FSCP, the Court will upload to NYSCEF a notice advising all parties of the initial conference date.

Page 3 | SECTION 2, B. Mandatory RJIs and Conference Scheduling

An unrepresented defendant borrower who opted out of NYSCEF receives the scheduling notice by first-class U.S. mail.

Unrepresented defendant borrowers who opted out of NYSCEF will receive a copy of the scheduling notice by first-class U.S. Mail.

Page 3 | SECTION 2, B. Mandatory RJIs and Conference Scheduling

Every party that has answered must advise the Court upon release from the FSCP whether discovery remains outstanding or will be demanded.

All parties who have served an answer are required to advise the Court whether discovery is outstanding or whether discovery shall be demanded upon release from the FSCP.

Page 7 | J. Settled and Non-Settled Actions

The Order to Show Cause directs service on all interested lien agencies.

The Order to Show Cause will direct service on all interested lien agencies.

Page 14 | B. Applications for an Infant’s/Incompetent Person’s/Wrongful Death Compromise Order

An order to show cause submitted for signature must be presented to the Calendar Clerk’s office after paying any required fee at the County Clerk’s Office.

Orders to show cause submitted for signature shall be presented to the office of the Calendar Clerk, after payment of any required fee at the County Clerk’s Office.

Page 6 | IV. Motion/Petition Practice

A foreclosure action cannot be marked settled until the notice of discontinuance and vacatur is filed, the Court grants it, and all applicable fees are paid to the Westchester County Clerk.

Thus, in practice, a settled action cannot be marked “settled” until a notice of motion of discontinuance and vacatur of the lis pendens has been filed with – and granted by the Court – and all applicable fees remitted to the Westchester County Clerk.

Page 7 | J. Settled and Non-Settled Actions

An unrepresented owner may submit the OCA-approved affidavit to request waiver of court costs, fees, and expenses and, if requested, discretionary assignment of counsel, which the court will grant or deny.

CPLR R 3408(b) requires the Court to determine if an unrepresented owner is entitled to waiver of Court costs, fees and expenses, and discretionary assignment of a lawyer. Every unrepresented owner will be provided with the requisite OCA-approved affidavit form. Upon submission of the form, the Court will grant or deny the application for waiver of Court costs, fees and expenses, including assignment of counsel if requested.

Page 4 | SECTION 2, D. Answers, Defenses, Waiver of Court Fees and Costs and Discretionary Assignment of a Lawyer

A party requesting an exemption from the mediation fee based on indigent status may receive a determination, while the non-indigent party remains responsible for its portion of the mediator's fee.

If any party seeks an exemption from the fee component of the mediation based on indigent status pursuant to New York Civil Practice Law and Rules §1101, the Part shall make a determination on such request, with the understanding that the non-indigent Party shall still be responsible for their portion of the Mediator's fee.

Civil cases

Page 2 | IV. PROCEDURES

A file-stamped copy of the Note of Issue must be submitted to the Part Clerk within two business days after filing.

A file stamped copy shall be submitted to the Part Clerk for the assigned Matrimonial Part Justice within two (2) business days of filing.

Page 10 | VI.A. Filing of Note of Issue

Counsel or a self-represented party must immediately report a case disposition, after which counsel must provide Chambers with a copy of the Stipulation of Discontinuance and proof that it was filed with the County Clerk.

1. Counsel or self-represented parties shall immediately notify the Court of a case disposition. Following the initial notification, counsel shall submit a copy of the Stipulation of Discontinuance to Chambers, with proof of filing in the Office of the County Clerk, so that the matter may be marked off the calendar.

Page 13 | X. Settled and Discontinued Cases — A. Discontinuances

Working copies must be submitted to Chambers within 48 hours after electronic filing in NYSCEF.

Working copies are to be submitted to Chambers within 48 hours of the electronic filing of the document in NYSCEF.

Page 5 | General Rules

Working copies of all papers submitted electronically must be sent directly to Justice Walsh’s Chambers, either by delivery or mail.

This Part requires working copies of all papers submitted electronically. Working copies may be delivered or mailed directly to Justice Walsh’s Chambers located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, NY 10601.

Page 5 | General Rules

After immediately notifying the court of a case disposition, counsel must provide chambers with the Stipulation of Discontinuance and proof that it was filed with the County Clerk.

1. Counsel or self-represented parties shall immediately notify the Court of a case disposition. Following the initial notification, counsel shall submit a copy of the Stipulation of Discontinuance to Chambers, with proof of filing in the Office of the County Clerk, so that the matter may be marked off the calendar.

Page 13 | X.A.1. Discontinuances

Working copies ordinarily are not required, but if the IAS Justice directs one, the NYSCEF Confirmation Notice must be firmly fastened to it as a cover page.

The IAS Parts do not require working copies unless otherwise directed by the IAS Justice in a particular matter. If the IAS Part Justice requires a working copy, the working copy shall have the Confirmation Notice generated by the NYSCEF system firmly fastened thereto as a cover page.

Page 10 | E. Working Copies, Certification and Oral Argument

Working copies of motion papers need not be provided.

Working copies of motion papers are not required.

Page 6 | E. MOTIONS

Social security numbers and other confidential personal information, including an infant’s full name, must be omitted or redacted; noncompliance results in a sealing order and requires resubmission with proper redactions.

The parties must comply with the requirements of General Business Law § 399-dd (6), regarding the redaction of social security numbers and the Uniform Civil Rules of the Supreme and County Courts, 22 NYCRR 202.5 (e), relating to the omission or redaction of confidential personal information, including but not limited to an infant’s full name. Failure to comply with these requirements shall result in the issuance of a sealing order, and the parties shall be required to resubmit the documents with appropriate redactions.

Page 6 | D. DISCOVERY MATERIALS AND REQUIRED REDACTION

Counsel must redact a party’s or child’s nine-digit social security number to the final four digits in the format xxx-xx-1234 and, where appropriate, comply with the stated confidentiality provisions.

Counsel shall redact a party’s or child’s nine-digit social security number excepting the last four digits in the following format: xxx-xx-1234. Additionally, where appropriate, counsel shall comply with the confidentiality provisions contained in 22 NYCRR §202.26(o).

Page 17 | XIII. Revised Miscellaneous

Social security numbers and confidential personal information must be omitted or redacted, and noncompliance results in a sealing order and mandatory resubmission with appropriate redactions.

The parties must comply with the requirements of GBL §399-dd(6), regarding the redaction of social security numbers and the Uniform Civil Rules of the Supreme and County Courts, 22 NYCRR §202.5(e), relating to the omission or redaction of confidential personal information, including but not limited to an infant’s full name. Failure to comply with these requirements shall result in the issuance of a sealing order, and the parties shall be required to resubmit the documents with appropriate redactions.

Page 7 | G. Discovery Materials and Required Redaction

Multiple documents may not be grouped under one exhibit, and each exhibit must contain one document uploaded separately through NYSCEF.

Multiple documents shall not be grouped together under a single exhibit. Each exhibit shall contain only a single document separately uploaded to NYSCEF.

Page 8 | Length of Papers

The assigned Justice must conduct the Preliminary Conference under 22 NYCRR §202.16(f) within 45 days after the Request for Judicial Intervention is filed.

The assigned Justice shall conduct a Preliminary Conference, which shall be scheduled and conducted in accordance with 22 NYCRR §202.16(f). The Preliminary Conference must be conducted within forty-five (45) days of the filing of the Request for Judicial Intervention.

Page 3 | B. The Preliminary Conference

The Court must address a properly submitted pre-motion conference request within two business days after receiving a complete submission.

Properly submitted requests for pre-motion conferences shall be addressed by the Court within two business days from a complete submission.

Page 8 | V. Motions – A. Pre-Motion Conferences

A movant generally must first request a pre-motion conference before filing a motion, except for qualifying pre-note-of-issue cases, emergencies requiring immediate relief, and contempt or enforcement motions.

Except as herein provided for pre-note of issue cases, and except in the event of an emergency that requires immediate relief from the assigned Justice or motions addressed to contempt or enforcement of an existing Order, no motions are to be made without the movant first requesting a pre-motion conference.

Page 8 | V. Motions – A. Pre-Motion Conferences

For terminally ill parties under CPLR 3407, a preliminary-conference request may be filed after commencement and must include the required physician’s affidavit, subject to CPLR 3407’s controls.

Where a request is filed for a preliminary conference in an action involving a terminally ill party governed by CPLR 3407, these rules shall apply only to the extent that they are not inconsistent with the provisions of CPLR 3407. In such cases, the request for a preliminary conference may be filed at any time after commencement of the action and shall be accompanied by the physician’s affidavit as required by CPLR 3407 (22 NYCRR 202.12 [l]).

Page 3 | B. PRELIMINARY CONFERENCES

In the event that the parties agree upon a discovery schedule, they may submit by the control date a preliminary conference form stipulation. A Preliminary Conference Stipulation and Order specific to medical, dental and podiatric malpractice actions will be utilized for such actions. The form is available at https://ww2.nycourts.gov/courts/9jd/civilCaseMgmt.shtml. The form stipulation must be executed by plaintiff(s) and all answering defendant(s) and uploaded as a “Stipulation – Preliminary Conference (Request to So Order)” via NYSCEF.

In the event that the parties agree upon a discovery schedule, they may submit by the control date a preliminary conference form stipulation. A Preliminary Conference Stipulation and Order specific to medical, dental and podiatric malpractice actions will be utilized for such actions. The form is available at https://ww2.nycourts.gov/courts/9jd/civilCaseMgmt.shtml. The form stipulation must be executed by plaintiff(s) and all answering defendant(s) and uploaded as a “Stipulation – Preliminary Conference (Request to So Order)” via NYSCEF.

Page 3 | B. PRELIMINARY CONFERENCES

A preliminary conference must be scheduled if no acceptable executed stipulation is timely uploaded or if a party requests one.

In the event that the parties either fail to upload an executed proposed preliminary conference stipulation by the control date set forth in the Court Notice or have uploaded a proposed preliminary conference stipulation that is not acceptable to the MDPM Part, or request a preliminary conference, a preliminary conference shall be scheduled (22 NYCRR 202.56 [b] [1]).

Page 4 | B. PRELIMINARY CONFERENCES

The MDPM Part must give NYSCEF notice of the conference date and time, and the conference ordinarily must be held in person unless another format is designated.

The MDPM Part shall issue a Notice via NYSCEF specifying the date and time of the preliminary conference. All preliminary conferences shall be held in person unless otherwise designated (22 NYCRR 202.12 [b] [1], 202.56 [b]).

Page 4 | B. PRELIMINARY CONFERENCES

Before the preliminary conference, all counsel must confer and make a good-faith effort to reach agreement on the conference issues.

Counsel for all parties shall confer with respect to these issues prior to the preliminary conference and shall make a good faith effort to reach agreement in advance of the conference (22 NYCRR 202.11, 202.12).

Page 4 | B. PRELIMINARY CONFERENCES

When a dispositive motion accompanying the RJI is filed instead of a preliminary-conference request, the case must promptly be referred for a conference and assigned a stipulation control date.

In the event that a dispositive motion is filed and accompanies the RJI rather than a request for a preliminary conference, the case shall promptly be referred for a preliminary conference, and the MDPM Part shall issue a control date for the submission of a preliminary conference stipulation, as set forth herein.

Page 4 | B. PRELIMINARY CONFERENCES

Counsel attending the preliminary conference must be familiar with the case and authorized to bind the party, unless accompanied by a person with that authority.

All counsel appearing at the preliminary conference are expected to be fully familiar with the action and authorized to make binding stipulations or commitments, or shall be accompanied by a person empowered to act on behalf of the party represented (22 NYCRR 202.12 [b], 202.56 [b] [3])

Page 4 | B. PRELIMINARY CONFERENCES

Unless otherwise directed, the CPLR 3214 stay is superseded for motions under CPLR 3211, 3212, and 3213, except for CPLR 3211(g) motions, and discovery must continue within the designated track.

Unless otherwise directed, the statutory stay in CPLR 3214 for dispositive motions made pursuant to CPLR 3211, 3212 or 3213 is superseded by these Rules, with the exception of motions made pursuant to CPLR 3211 (g). Parties are cautioned that they will be expected to complete all discovery within the designated track and discovery shall not be stayed or otherwise extended due to the pendency of motions.

Page 4 | B. PRELIMINARY CONFERENCES

A discovery-related motion, including a discovery-violation dismissal motion or cross-motion, may not be interposed or electronically filed until a pre-motion conference has been requested and held.

No discovery-related motion (including a motion to dismiss predicated upon a discovery violation and including any discovery-related cross-motion) may be interposed and e-filed until a pre-motion conference has been requested and held.

Page 6 | E. MOTIONS

A preliminary conference may satisfy the discovery-motion pre-motion conference requirement when it addresses the dispute, but motion papers may not be filed until after the preliminary-conference stage.

If a discovery dispute is addressed during a preliminary conference, the preliminary conference may constitute the pre-motion conference; however, no motion papers may be filed until after a Preliminary

Page 6 | E. MOTIONS

A motion challenging the Note of Issue or trial readiness may not be filed until a pre-motion conference has been requested and held.

However, no such motion shall be interposed until a pre-motion conference has been requested and held.

Page 7 | Motions to Vacate a Note of Issue

A motion filed before the required pre-motion conference may be denied unless good cause justifies obtaining relief before the conference.

Motions filed before a pre-motion conference has been held may be denied unless good cause is shown as to why such relief is warranted before the conference is held.

Page 7 | B. PRELIMINARY CONFERENCES

Failure by counsel to comply with the stated pre-filing conference requirements may result in denial of a discovery motion.

Failure of counsel to comply with the requirements of 22 NYCRR 202.20-f may result in the denial of a discovery motion (22 NYCRR 202.20-f [c]).

Page 7 | B. PRELIMINARY CONFERENCES

Pre-motion conferences must be held for discovery disputes so the court may resolve issues before motion practice begins.

To foster the just and expeditious resolution of discovery disputes, pre-motion conferences shall be held to permit the Court the opportunity to resolve issues before motion practice ensues.

Page 7 | Pre-Motion Conferences

No motion concerning the underlying residential foreclosure action may be filed with the RJI or while the action remains pending in the FSCP.

Pursuant to CPLR R 3408(n) and Uniform Rule § 202.12-a(c)(7), no motions concerning the underlying residential foreclosure action may be filed with the RJI or while an action is pending in the FSCP.

Page 4 | SECTION 2, C. Motion Practice

A defense motion for leave to serve a late answer or amend an answer cannot be filed until the action is released from the FSCP, and defendants are encouraged to file it promptly after release.

Defense motions for leave to serve a late answer, or to amend an answer, are subject to the general CPLR R 3408(n) bar on motion practice and will not be in order until the action is released from the FSCP consistent therewith. In accordance with law, time during this statutory motion bar will not be considered on any such later-filed motion. Defendants wishing to interpose late answers are encouraged, however, to file any such motions promptly upon release from the FSCP.

Page 4 | SECTION 2, D. Answers, Defenses, Waiver of Court Fees and Costs and Discretionary Assignment of a Lawyer

Except for specified pre-note-of-issue cases, emergencies requiring immediate relief, and contempt or enforcement motions, a movant must request a pre-motion conference before filing a motion.

Except as herein provided for pre-note of issue cases, and except in the event of an emergency that requires immediate relief from the assigned Justice or motions addressed to contempt or enforcement of an existing Order, no motions are to be made without the movant first requesting a pre-motion conference.

Page 8 | V. Motions

A request for a preliminary conference involving a terminally ill party may be filed any time after commencement but must include the physician’s affidavit required by CPLR §3407 and 22 NYCRR §202.12(l).

In an action involving a terminally ill party, a request for a preliminary conference may be filed at any time after commencement of the action and shall be accompanied by the physician’s affidavit as required by CPLR §3407 (22 NYCRR §202.12 [l]).

Page 5 | D. Medical, Dental and Podiatric Malpractice Actions in E-filed Actions

A requested and held pre-motion conference is required before filing any discovery-related motion, including a discovery-based motion to dismiss or cross-motion, although a preliminary conference addressing the dispute may satisfy the requirement.

No discovery-related motion (including a motion to dismiss predicated upon a discovery violation and including any discovery cross-motion) may be filed until a pre-motion conference has been requested and held. If a discovery dispute is addressed during a preliminary conference, the preliminary conference may constitute the pre-motion conference; however, no motion papers

Page 8 | III.C. Discovery Motions

A motion challenging a Note of Issue or trial readiness must be returnable in the assigned IAS Part and cannot be filed until a pre-motion conference has been requested and held.

Any such motion shall be made returnable and heard in the assigned IAS Part. No such motion shall be filed until a pre-motion conference has been requested and held.

Page 9 | II. PRELIMINARY CONFERENCE RULES

A motion filed before the required pre-motion conference may be denied absent good cause for allowing it before the conference.

Motions filed before a pre-motion conference has been held may be denied unless there is shown good cause why such relief is warranted before the conference is held (22 NYCRR §202.12[h]).

Page 9 | II. PRELIMINARY CONFERENCE RULES

A Preliminary Conference may be postponed for no more than 14 calendar days from its initially scheduled date, absent narrow good cause including emergencies.

A Preliminary Conference may not be adjourned for more than fourteen (14) calendar days from the date for which it is initially scheduled absent a showing of good cause which shall be defined narrowly to include emergencies.

Page 3 | B. The Preliminary Conference

A pre-judgment or post-judgment motion in a matrimonial action may not be adjourned without approval from the assigned justice or Court-Attorney Referee.

No motion in any matrimonial action, whether pre-judgment or post judgment, may be adjourned without approval from the assigned Justice or Court-Attorney Referee.

Page 8 | V. Motions – B. Adjournments

Without a showing of good cause, an adjournment may not extend a motion more than 30 days from its original return date, unless a cross-motion is filed, in which case the 30-day period runs from the cross-motion's filing.

Absent a showing of good cause, in no event shall the motion be adjourned more than thirty (30) days from the original return date unless a cross-motion is filed and, in that event, the thirty (30) day period shall run from the filing of the cross-motion.

Page 8 | V. Motions – B. Adjournments

If the motion remains unresolved, it is deemed fully submitted at the end of the applicable 30-day period.

At the end of the thirty (30) day period, the motion shall be deemed fully submitted if not resolved.

Page 8 | V. Motions – B. Adjournments

Every adjournment request must be written, sent to the assigned Justice on notice to all parties including the Attorney for the Children, and directed to the Part Clerk.

All requests for adjournments shall be in writing, addressed to the assigned Justice, on notice to all parties including the Attorney for the Children, and directed to the Part Clerk.

Page 15 | C. Adjournment Requests

A preliminary-conference adjournment requires good cause and a noticed NYSCEF request stating the appearance date, two proposed dates no later than one month afterward, prior-adjournment count, consent status, and any reasons for withholding consent.

Adjournments of preliminary conferences shall be granted only upon a showing of good cause (22 NYCRR 202.10). A party may upload to NYSCEF a request for an adjournment by selecting NYSCEF document type “Correspondence (Request for Adjournment).” The adjournment request must state: (1) the appearance date; (2) two proposed adjourned dates, which dates shall be no later than one month following the scheduled preliminary conference; (3) the number of prior adjournments: and (4) whether all parties consent, and, if not, the reasons given for refusing or withholding consent. All requests for adjournments must be made on notice to all parties.

Page 4 | B. PRELIMINARY CONFERENCES

An adjournment request may be uploaded through NYSCEF as “Correspondence (Request for Adjournment)” and must identify the appearance date, two proposed dates no more than 30 days later, prior adjournments, party consent, and any refusal reasons.

A party may upload to NYSCEF a request for an adjournment by selecting NYSCEF document type “Correspondence (Request for Adjournment).” The adjournment request must state: (1) the appearance date, (2) two proposed adjourned dates, which dates shall be no later than 30 days from the scheduled conference date; (3) the number of prior adjournments, and (4) whether all parties consent, and, if not, the reasons given for the refusal or withholding of consent.

Page 5 | C. COMPLIANCE CONFERENCES

Without court confirmation by email or Microsoft Teams, the parties must attend the compliance conference on its originally scheduled date.

Unless the parties receive confirmation from the Court either via e-mail or through a Microsoft Teams notification that a conference has been rescheduled, the parties shall appear for the compliance conference as originally scheduled.

Page 5 | C. COMPLIANCE CONFERENCES

Unless the court confirms a rescheduling by email or Microsoft Teams, the parties must appear as originally scheduled, and a conference adjournment does not alter dates in court orders.

Unless the parties receive confirmation from the Court either via e-mail or through a Microsoft Teams notification that a conference has been rescheduled, the parties shall appear for the conference as originally scheduled. An adjournment of a conference will not change any date in any court order, including but not limited to the preliminary conference order (22 NYCRR 202.10).

Page 5 | B. PRELIMINARY CONFERENCES

A discovery-deadline extension must be requested as soon as practicable and before the existing deadline expires.

Applications for extensions of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline (22 NYCRR 202.20-e).

Page 5 | C. COMPLIANCE CONFERENCES

The parties may not adjourn a compliance conference or extend a discovery deadline by stipulation; only the court may do so.

Compliance conferences many not be adjourned and discovery deadlines may not be extended by stipulation. Only the Court has the authority to adjourn a compliance conference or extend discovery deadlines.

Page 5 | C. COMPLIANCE CONFERENCES

A compliance-conference adjournment is granted only upon a showing of good cause.

Adjournments of compliance conferences shall be granted upon a showing of good cause (22 NYCRR 202.10 [b]).

Page 5 | C. COMPLIANCE CONFERENCES

Pending motions do not extend compliance- or scheduling-order deadlines or stay discovery.

Parties are cautioned that the deadlines established in compliance conference orders and other scheduling orders shall not be extended and discovery shall not be stayed or otherwise extended due to the pendency of such motions.

Page 6 | E. MOTIONS

A compliance-conference adjournment does not excuse missed discovery or violations of scheduling orders, and discovery must continue during the adjournment.

The parties are cautioned that any adjournment of the compliance conference will not excuse a failure to provide discovery or failure to adhere to a preliminary conference order or compliance conference order and that discovery shall proceed during the period of any adjournment (22 NYCRR 202.10 [b]).

Page 6 | C. COMPLIANCE CONFERENCES

A motion return date may be adjourned no more than three times and for no more than sixty total days.

The return date for any motion, whether pre-Note of Issue or post-Note of Issue, including motions for summary judgment and other substantive motions, and discovery-related motions, once made, may not be adjourned more than three (3) times and such return date may not be adjourned for more than a total of sixty (60) days.

Page 7 | Return dates and Adjournments

An adjournment may not be granted after the deadline to move or submit opposition or reply papers has expired.

In no event shall an adjournment be granted after the time to move or submit opposition or reply papers has expired.

Page 7 | Return dates and Adjournments

Counsel must ensure that a motion return-date adjournment request is received and approved within the required time.

It is incumbent upon counsel to ensure that any request for an adjournment of the return date of a motion has been received by this Part and approved within the requisite time period.

Page 7 | Return dates and Adjournments

An adjournment request may be submitted in writing by email to the stated chambers address at least two business days before the return date, with notice to all parties.

Any request for an adjournment may be made in writing by e-mailing MedMalWestchester@nycourts.gov, at least two (2) business days prior to the return date, on notice to all parties.

Page 7 | Return dates and Adjournments

A filed summary-judgment motion's return date may be extended no more than three times and for no more than 60 days in total.

The return date for a motion for summary judgment once made may not be extended more than three (3) times and such return date may not be extended for more than a total of sixty (60) days.

Page 9 | F. PRELIMINARY CONFERENCES

Extensions of a summary-judgment motion's return date may not exceed 60 days in total.

such return date may not be extended for more than a total of sixty (60) days.

Page 9 | F. PRELIMINARY CONFERENCES

The return date of a summary-judgment motion may be extended no more than three times.

The return date for a motion for summary judgment once made may not be extended more than three (3) times

Page 9 | F. PRELIMINARY CONFERENCES

Ongoing settlement negotiations do not justify delaying or adjourning discovery proceedings or trials.

However, the pendency of settlement negotiations will not delay, adjourn or in any way affect the scheduling of discovery proceedings or trials.

Page 9 | G. SETTLEMENT CONFERENCES

Any request for an adjournment may be made in writing by letter filed on NYSCEF at least two (2) business days prior to the return date, on notice to all parties.

Any request for an adjournment may be made in writing by letter filed on NYSCEF at least two (2) business days prior to the return date, on notice to all parties.

Page 9 | F. PRELIMINARY CONFERENCES

A party seeking an adjournment without all parties’ consent may apply by fax to chambers with notice to appeared parties or appear at the return date and state the reason and consent efforts on the record.

If consent for an adjournment cannot be obtained from all parties prior to the return date, a party may: (1) make a letter application to chambers for an adjournment by fax, on notice to all other parties having appeared in the action or proceeding, or (2) appear on the return date of a motion at 9:30 a.m. and state on the record before the Court the reason for the requested adjournment and a description of the efforts made to obtain such consent,

Page 6 | IV. Motion/Petition Practice

If a motion or part of a motion settles before its return date or decision, the parties must immediately notify chambers or the court-attorney referee in writing by email.

If the parties settle a motion, or part of a motion, before the motion return date or before a decision has been rendered, they shall immediately inform the Judge’s Chambers or Court Attorney Referee in writing by email.

Page 9 | D. Settled Motions

After filing the required papers, counsel must notify all other parties and send Chambers a fax or email identifying the papers and their filing date.

4. After filing the required papers, a letter must be transmitted by fax or email to Chambers of the assigned Justice, on notice to all other parties, advising the Court that the papers were filed and the date on which they were filed.

Page 14 | X. Settled and Discontinued Cases — B. Settled Cases

Copies of letters requesting or confirming a motion or conference adjournment must be sent to the Part Clerk by fax or email.

Copies of letters requesting, or confirming, an adjournment of a motion, or conference, shall be sent to the Court by fax or electronic mail to the Part Clerk.

Page 15 | F. Fax/electronic transmissions

Questions, adjournment requests, and other scheduling inquiries must be emailed to the MDPM Part Clerk.

All questions, requests for adjournments, or other inquiries regarding scheduling a matter pending in the MDPM Part shall be addressed to the Part Clerk by email at MedMalWestchester@nycourts.gov.

Page 3 | A. GENERAL PROVISIONS

Counsel and self-represented parties must immediately email the MDPM Part Clerk to request an interpreter, accommodations, or special equipment for a party or witness with relevant needs.

Counsel and any self-represented party shall immediately advise the MDPM Part Clerk by email if the services of a foreign language interpreter are required for any party or witness, or if any accommodations or special equipment are required for any party or witness who is hearing-impaired or has special needs.

Page 3 | A. GENERAL PROVISIONS

A party needing help with a discovery issue must promptly request a compliance conference by email to the listed chambers address and give notice to all other parties.

If assistance is required regarding a discovery issue, a party shall request a compliance conference in a timely manner by e-mailing MedMalWestchester@nycourts.gov, on notice to all other parties.

Page 5 | C. COMPLIANCE CONFERENCES

Email and NYSCEF inquiries are limited to scheduling matters and routine submissions, and the court will not entertain discovery-deadline extension requests or discovery disputes submitted through those channels.

Inquiries submitted via the NYSCEF system or by email are restricted to scheduling matters and routine submissions only. The Court shall not entertain requests to extend court-ordered discovery deadlines or respond to discovery disputes submitted via e-mail or the NYSCEF system.

Page 5 | C. COMPLIANCE CONFERENCES

Parties must immediately notify the Part Clerk by email and NYSCEF-filed letter when a motion is withdrawn or rendered moot.

The parties shall immediately notify the Part Clerk by email and letter uploaded to NYSCEF in the event that a motion is withdrawn or rendered moot.

Page 8 | Withdrawal of Motions

Questions, adjournment requests, and other inquiries about matters in the Settlement Conference Part must be directed to the part clerk, not to the part itself.

All questions, requests for adjournments or other inquiries regarding a matter pending in the Settlement Conference Part shall be addressed to the Part clerk. No inquiries shall be directed to this Part.

Page 10 | H. COMPROMISE ORDERS

If the parties settle all or part of a motion before its return date or decision, they must immediately notify the Court in writing.

In the event the parties settle a motion or part of a motion before the motion return date or a decision has been rendered, they shall immediately inform the Court in writing.

Page 8 | N. Settled motions

Foreclosure auctions must be scheduled by appointment through the applicable county auction email address.

Auctions shall be scheduled by appointment only utilizing the following applicable email address: Dutchess County: DutchessAuctions@NYCourts.gov Orange County: OrangeAuctions@NYCourts.gov Putnam County: PutnamAuctions@NYCourts.gov Rockland County: RocklandAuctions@NYCourts.gov

Civil cases

Page 3 | NOTICE TO REFEREES

A foreclosure sale may not be scheduled without prior Clerk’s Office approval, and all auction sales must be scheduled through the clerk’s office.

The Referee shall not schedule any foreclosure sale without prior approval from the Clerk’s Office. All auction sales shall be scheduled through the clerk’s office.

Civil cases

Page 3 | NOTICE TO REFEREES

When scheduling an authorized remote-bidding auction, the Referee or plaintiff’s representative must email RocklandAuctions@NYCourts.gov and notify the court of the intended remote-bidding technology provider.

If remote bidding is authorized by the court, when seeking to schedule a remote- bidding eligible auction (via email to RocklandAuctions@NYCourts.gov), the Referee and/or plaintiff’s representative must notify the court of their intention to retain a remote bidding technology provider.

Civil cases

Page 3 | NOTICE TO REFEREES

The Referee must promptly notify the Clerk’s Office if the auction is canceled for any reason.

If the auction is canceled for whatever reason, the Referee shall promptly notify the Clerk’s Office.

Civil cases

Page 3 | NOTICE TO REFEREES

The parties must immediately notify the Judge’s Chambers or Court Attorney Referee by email when they settle a motion or part of a motion before the return date or decision.

If the parties settle a motion, or part of a motion, before the motion return date or before a decision has been rendered, they shall immediately inform the Judge’s Chambers or Court Attorney Referee in writing by email.

Page 9 | D. Settled Motions

Unless expressly authorized by the addressed justice or court-attorney referee or specifically permitted by the rules, letters and other written communications must not be sent to the assigned justice.

B. Communications. Unless expressly authorized by the Justice or Court-Attorney Referee to whom it is directed, or unless specifically authorized by these rules, no letter or other written communication is to be transmitted to the assigned Justice

Page 14 | XI.B. Communications

After the required papers are filed, a fax or email notice must be sent to the assigned justice's chambers, with notice to all other parties, identifying the filing date.

4. After filing the required papers, a letter must be transmitted by fax or email to Chambers of the assigned Justice, on notice to all other parties, advising the Court that the papers were filed and the date on which they were filed.

Page 14 | X.B.4. Settled Cases

Copies of letters requesting or confirming an adjournment of a motion or conference must be sent to the part clerk by fax or email.

Copies of letters requesting, or confirming, an adjournment of a motion, or conference, shall be sent to the Court by fax or electronic mail to the Part Clerk.

Page 15 | F. Fax/electronic transmissions

A party that does not receive its virtual-appearance link must email the assigned IAS Justice’s part clerk, with notice to all other parties, no later than two business days before the appearance.

In the event that a party does not receive a link for a scheduled virtual appearance, the party shall request a link by e-mailing the assigned IAS Justice’s Part clerk on notice to all other parties, no later than two business days before the virtual appearance date.

Page 1 | I. GENERAL PROVISIONS — B. Virtual and In-Person Appearances

A party unable to access Teams or the call-in number must immediately email the assigned IAS Justice’s part clerk on notice to all other parties and provide a direct telephone number.

In the event that a party experiences technical difficulties when attempting to access the Teams link and is also unable to utilize the call-in number, the party shall immediately e-mail the assigned IAS Justice’s part clerk on notice to all other parties. The party shall include in the e-mail a cell phone number or other direct telephone number at which the party can be reached.

Page 1 | I. GENERAL PROVIDES — B. Virtual and In-Person Appearances

In addition to any optional NYSCEF upload, the party must email the adjournment request to the part clerk.

While a party may upload to NYSCEF a request for an adjournment by selecting NYSCEF document type “Correspondence (Request for Adjournment),” the party must also e-mail the adjournment request to the part clerk of the

Page 6 | F. Compliance Conferences Conducted in IAS Parts

The listed email address may be used only to request an initial foreclosure settlement conference for a voluntary case; the Court will respond by mail rather than email.

Please Note: This email address is for the sole purpose of requesting an initial Foreclosure Settlement Conference for a voluntary case only. Please be advised that you will not receive an email response from the Court for your conference. You will receive a letter in the mail from the Court with the conference date. If this email address is used for any other purpose, you will not receive a response from the Court.

Civil cases

Page 1 | Foreclosure Settlement Conference Part

When specified Family Court relief is sought while a matrimonial action remains pending and process has been served, the parties must promptly notify the assigned justice’s chambers or court-attorney referee.

If an application for relief is brought in the Family Court, in a circumstance in which a prior matrimonial action has been pending and process served, the parties shall promptly notify the Chambers of the assigned Justice or Court-Attorney Referee.

Page 9 | E. Applications Pending in Family Court

A party unable to access a virtual appearance through Teams or the call-in number must immediately email the MDPM Part Clerk, provide notice to all other parties, and include a reachable telephone number.

In the event that a party experiences technical difficulties when attempting to access the Teams link and is also unable to utilize the call-in number, the party shall immediately e-mail the MDPM Part Clerk on notice to all other parties. The party shall include in the e-mail a telephone number at which the party can be reached.

Page 2 | A. GENERAL PROVISIONS