Judge Diane M. Clerkin

The pretrial memorandum must be filed electronically through NYSCEF.

The Pre-Trial Memorandum of Law shall be filed via NYSCEF, must outline both the stipulated and disputed facts and issues, and shall not exceed ten (10) pages in length.

Page 10 | F. Pre-Trial Memoranda and Trial Notebooks

Proposed orders settling tax assessment review proceedings must be electronically filed on NYSCEF for the Court's signature.

All proposed orders settling tax assessment review proceeding(s) are to be electronically filed on NYSCEF to the Court for signature.

Page 11 | X. Settlements, Discontinuances and Dismissals

Documents in mandatory e-filed cases must be filed through the New York State Courts E-Filing System, NYSCEF.

All documents in mandatory e-filed cases shall be filed through the New York State Courts E-Filing System (NYSCEF).

The Court generally prohibits fax or email submission of legal papers unless the Court approves that method in advance for the particular case.

Unless specifically approved by the Court in advance in a particular case, the Court does not accept legal papers of any kind by fax transmission or email (see 22 NYCRR § 202.5-a).

All documents in mandatory e-filed cases must be filed through NYSCEF.

All documents in mandatory e-filed cases shall be filed through the New York State Courts E-Filing System (NYSCEF).

Page 2 | II. GENERAL RULES — C. Electronic Filing

A request for a virtual conference must be filed through NYSCEF at least one week before the scheduled conference, unless the request states emergent circumstances.

Such requests shall (a) be filed via NYSCEF and emailed to the Part Clerk at least one (1) week prior to the scheduled conference, absent emergent circumstances noted in the letter of request;

Page 2 | II. GENERAL RULES — D. Appearances by Counsel and Parties — Virtual Appearances

Unless otherwise directed, communications with the Court must be submitted by letter filed on NYSCEF and emailed to the Part Clerk, without copying the Court on correspondence between parties.

Unless otherwise directed, communications with the Court shall be by letter, filed on NYSCEF and emailed to the Part Clerk. The Court shall not be copied on correspondence between counsel and/or self-represented parties.

Page 5 | III. COMMUNICATIONS WITH THE COURT

The Court does not accept legal papers by fax unless it specifically approves fax transmission in advance for the particular case.

Unless specifically approved by the Court in advance in a particular case, the Court does not accept legal papers of any kind by fax transmission.

Page 6 | III. COMMUNICATIONS WITH THE COURT

Discovery demands must be filed through NYSCEF.

Discovery demands shall be filed via NYSCEF.

Page 9

An order to show cause must be uploaded to NYSCEF or presented to the calendar clerk after paying any required County Clerk filing fee.

An order to show cause submitted to this Court must be uploaded to NYSCEF or presented to the office of the calendar clerk, after the payment of any required fee at the County Clerk’s Office.

Page 11 | G. Orders to Show Cause and Temporary Restraining Orders

A letter notifying the Part Clerk that a motion was withdrawn or rendered moot must be uploaded to NYSCEF immediately.

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 12 | K. Motions Withdrawn

The trial notebook itself must not be filed through NYSCEF.

The trial notebook itself shall not be filed via NYSCEF.

Page 14 | J. Trial Notebooks

For settled, discontinued, or otherwise disposed civil actions not involving the specified infant, incompetent-person, or wrongful-death claims, counsel or self-represented parties must promptly file a stipulation of discontinuance through NYSCEF before the case is marked settled and disposed.

When an action is settled, discontinued or otherwise disposed of and a cause of action has not been asserted on behalf of an infant or a person judicially declared incompetent or for defendant’s wrongful act, neglect or default that caused decedent’s death, counsel or self- represented parties must promptly file a stipulation of discontinuance via NYSCEF before the case will be marked settled and disposed (22 NYCRR 202.28).

Page 15 | X. MISCELLANEOUS — B. Settled and Discontinued Cases

Proposed orders may not be submitted by fax.

Proposed orders or judgments are not to be submitted by fax.

Page 15 | X. MISCELLANEOUS — A. Judgments, Decisions, and Orders

Discovery materials need not be filed through NYSCEF, but in an e-filing case they may be filed electronically to the extent authorized by a stipulation specifying the scope and conditions.

Discovery materials are not required to be filed via NYSCEF. 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.

Page 8 | V. DISCOVERY AND DISCOVERY MOTIONS

The joint stipulation must be submitted through NYSCEF no later than 48 hours before the pre-trial conference.

The parties must submit a joint stipulation regarding the same to the Court at least forty-eight (48) hours prior to the pre-trial conference via NYSCEF.

Page 6 | V.C.2.c. Pre-Trial Conferences

The pre-trial conference must be held at least 60 days before the trial date.

Any pre-trial conference will be held at least sixty (60) days prior to the trial date.

Page 6 | V.C.2.c. Pre-Trial Conferences

A requested audit must be completed within 120 days unless the court extends that time for good cause.

If requested, the audit must be completed within 120 days after the request has been made unless the Court, upon good cause shown, extends the time for the audit.

Page 7 | Tax Certiorari Proceedings

A party intending to offer rebuttal expert testimony must file an expert report within 60 days after receiving the report it seeks to rebut.

If a party intends to offer at trial expert evidence in rebuttal to any report, an expert report shall be filed within 60 days after receipt of the document sought to be rebutted (see 22 NYCRR § 202.61[a][2]).

Page 8 | VIII.B. Exchange of Appraisal Reports in Condemnation Proceedings

A response to objections to an appraisal must be filed within 20 days after service of the objections.

A response must be filed within twenty (20) days of service of the objections.

Page 8 | VIII.A. Appraisals in Tax Certiorari Proceedings

In eminent domain proceedings, appraisal reports must be exchanged within nine months after service of the triggering claim, demand, or notice of appearance unless the court extends the time.

In all eminent domain proceedings, the exchange of appraisal reports shall be filed no later than nine months after service of the claim, demand or notice of appearance required by section 503 of the Eminent Domain Procedure Law unless otherwise extended by the Court.

Page 8 | VIII.B. Exchange of Appraisal Reports in Condemnation Proceedings

Motions in limine must be submitted to the court at least seven days before the pretrial conference.

Motions in Limine shall be made to the Court at least seven (7) days prior to the pre-trial conference.

Page 10 | E. Motions In Limine

The CPLR 3214 statutory stay is superseded by the standing rules for CPLR 3211, 3212, and 3213 dispositive motions, except for CPLR 3211(g) motions and absent contrary court order.

Unless otherwise directed by order of the Court, the statutory stay pursuant to 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).

Page 10 | VI. MOTIONS GENERALLY — D. Statutory Stay Superseded

Motion return dates must fall on Fridays.

Motions shall be made returnable on Fridays.

Page 10 | VI. MOTIONS GENERALLY — A. Return Dates and Appearances

Papers and letters submitted after a motion’s return date will not be considered.

Other papers, including letters submitted after the return date of the motion, will not be considered.

Page 10 | VI. MOTIONS GENERALLY — B. Papers

A motion to vacate the Note of Issue or challenge trial readiness must be filed through NYSCEF within 20 days after service of the Note of Issue and will otherwise be denied except in recognized unusual or unanticipated circumstances.

Motions seeking to vacate a Note of Issue or to otherwise challenge readiness of the case 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). Motions made after the twenty (20) day period has expired will be denied except in the unusual or unanticipated circumstances recognized by 22 NYCRR 202.21 (d).

Page 11 | F. Motions to Vacate Note of Issue

A summary-judgment motion or cross-motion not served and filed within the applicable 60-day period will be denied, and labeling an untimely motion as a cross-motion will not make it timely.

Counsel are cautioned that untimely motions cannot be made timely by denominating such as cross-motions. The failure of a party to serve and file a motion or cross-motion for summary judgment within the 60-day time period pursuant to these rules and the Trial Readiness Order shall result in the denial of the untimely motion or cross-motion.

Page 11 | F. Motions to Vacate Note of Issue

After reaching an agreement to modify the loan or otherwise resolve a foreclosure action, the plaintiff must move for discontinuance by Notice of Motion within 30 days.

Where an agreement has been reached to modify a loan and/or otherwise resolve the action, plaintiff shall, within thirty (30) days, move for discontinuance by Notice of Motion.

Page 12 | VII. SPECIAL RULES REGARDING FORECLOSURE ACTIONS — B. Discontinuance

Reply papers must be served and filed within 10 days after service of opposition papers.

reply papers must be served and filed within 10 days following service of any opposition papers.

Page 13 | B. Deadline for Motions for Summary Judgment

Unless otherwise provided, a summary-judgment motion must be filed within 60 days after the note of issue is filed.

Unless otherwise provided, any motion for summary judgment by any party must be made within 60 days following the filing of the note of issue;

Page 13 | B. Deadline for Motions for Summary Judgment

Plaintiff must file and serve the note of issue and certificate of readiness within 20 days under the trial readiness order.

Pursuant to the trial readiness order, plaintiff shall file and serve a note of issue and certificate of readiness within 20 days.

Page 13 | B. Deadline for Motions for Summary Judgment

Opposition papers to a summary-judgment motion must be served and filed within 30 days after service and filing of the motion papers.

opposition papers must be served and filed within 30 days of service and filing of the motion papers;

Page 13 | B. Deadline for Motions for Summary Judgment

A note of issue may not be filed until the court has issued a trial readiness order.

No note of issue shall be filed before a trial readiness order is issued.

Page 13 | B. Deadline for Motions for Summary Judgment

Trial notebooks must be submitted no later than five business days before trial or the proceeding begins.

Trial notebooks are due not less than five (5) business days prior to the commencement of any trial or proceeding.

Page 14 | J. Trial Notebooks

If the required settlement stipulation is not filed through NYSCEF before the next scheduled appearance, the parties must appear on that date and report the settlement status.

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 next scheduled appearance, the parties must appear on the scheduled appearance date to report to the Court the status of any such settlement.

Page 15 | X. MISCELLANEOUS — B. Settled and Discontinued Cases

All discovery must be completed within 8 months for expedited cases, 12 months for standard cases, and 15 months for complex cases.

Pursuant to 22 NYCRR 202.19, all disclosure must be completed within 8, 12, or 15 months in expedited, standard and complex cases, respectively.

Page 16 | ATTACHMENT A — PRELIMINARY CONFERENCE STIPULATION

The defendant’s attorney must file a stipulation or statement of discontinuance within 30 days after any required discontinuance payment, or within 30 days after discontinuance when no payment is required.

Pursuant to 22 NYCRR 202.28, the attorney for defendant is directed to file a stipulation or statement of discontinuance with the Court within (a) 30 days of the making of the payment required as a condition of the discontinuance: or (b) 30 days of the discontinuance in the event no payment is required as a condition of the discontinuance.

Page 20

Respondent may request in writing an audit within 60 days after service of the statement of income and expenses.

Within sixty (60) days after the service of the statement of income and expenses, Respondent, for the purpose of substantiating Petitioner’s statement of income and expenses, may request in writing an audit of Petitioner’s books and records for the tax years under review.

Page 7 | Tax Certiorari Proceedings

Failure by Respondent to request or complete the audit timely constitutes waiver of the specified privilege.

Failure of Respondent to request or complete the audit within the time limits shall be deemed a waiver of such privilege.

Page 7 | Tax Certiorari Proceedings

An objection to an appraisal’s admissibility is waived unless specific objections are filed within 30 days after service.

Any objection to the admissibility of an appraisal is waived unless the opposing party files specific objections within thirty (30) days of service of the appraisal.

Page 8 | VIII.A. Appraisals in Tax Certiorari Proceedings

Parties and the Referee must attend the surplus-monies status conference unless the required surplus-monies form is filed and received at least one week before the conference, or the Referee timely notifies the Court that no sale will occur and requests a later conference date.

Appearances by the parties and the appointed Referee are required in the manner set forth in the Judgment unless: (1) a completed Foreclosure Action Surplus Monies Form has been filed and received by the Court at least one week prior to the conference date, or (2) the Referee notifies the Court at least one week prior to the conference date that the sale has not/will not occur prior to the conference date and requests a new conference date to be scheduled subsequent to the anticipated foreclosure sale date.

Page 12 | VII. SPECIAL RULES REGARDING FORECLOSURE ACTIONS — D. Surplus Monies Proceeding

The preliminary-conference letter application must be emailed to all parties for notice and filed on NYSCEF under the subject petition index numbers.

The letter application shall be on notice to all parties via email and filed on NYSCEF under the index number(s) of the subject petition(s).

Page 5 | V.C.2.b. Conferences in Tax Certiorari Proceedings — Preliminary Conferences

When redacted filings are permitted, the redacted document is filed on NYSCEF and the unredacted document is simultaneously emailed to the Part Clerk.

Where permissible, redacted document(s) shall be filed to NYSCEF, and the unredacted version of said document(s) shall be simultaneously emailed to the Part Clerk.

Page 5 | II. GENERAL RULES

At least 24 hours before making a temporary-restraining-order application, the moving party must give opposing counsel or a self-represented party notice and copies of all moving papers unless significant prejudice from notice is demonstrated.

When a proposed order to show cause seeks a temporary restraining order, the moving party must advise opposing counsel or self-represented party (and provide copies of all moving papers) twenty-four (24) hours in advance of the time, date, and place that the application will be made, unless the moving party can demonstrate significant prejudice by reason of giving notice (22 NYCRR 202-8-e).

Page 11 | G. Orders to Show Cause and Temporary Restraining Orders

Hard-copy trial notebooks must be delivered to the Part Clerk and to all counsel and self-represented parties by the filing date, and an affidavit of service must be filed through NYSCEF.

Hard copies of trial notebooks shall be delivered to the Part Clerk and shall also, on the day of or before filing with the Clerk, be delivered to all Counsel and self-represented parties. Affidavits of service reflecting service of the trial notebook shall be filed via NYSCEF.

Page 14 | J. Trial Notebooks

A proponent who will read a pre-trial examination transcript as evidence must provide a complete copy to the court and all other counsel or self-represented parties before the reading.

If any part of a transcript of an examination before trial will be read as evidence-in-chief, the proponent of the transcript must provide a complete copy of it to this Court and all other counsel or self-represented parties, prior to its reading.

Page 14 | E. Copies of Transcripts

Supplemental discovery demands must be served at least 20 days before the disclosure deadline, or at least 25 days before that deadline when served by mail.

Supplemental Demands for Discovery and Inspection may be served with respect to items as to which the demanding party could not reasonably have demanded in such party’s prior Demands(s) for Discovery and Inspection, provided such Supplemental Demands are served at least twenty (20) days (or if service is by mail twenty-five [25] days) prior to the expiration of the time herein set forth for the completion of disclosure.

Page 19

Responses to supplemental discovery demands must comply with CPLR 3120, while objections must be interposed early enough to permit a conference and a request to extend the disclosure deadline.

Responses to such Supplemental Demands shall be served within the time provided by CPLR 3120, except that objections to Supplemental Demands shall be interposed sufficiently in advance of the time hereinafter set forth for the completion of disclosure so as to permit the demanding party a reasonable time to seek and obtain a conference with the Court with respect to such objections and to request an extension of the time to complete disclosure.

Page 19

Objections to the admissibility of an appraisal must be filed within thirty days of service of the appraisal or they are waived.

Any objection to the admissibility of an appraisal is waived unless the opposing party files specific objections within thirty (30) days of service of the appraisal.

Page 9 | VIII. Trial

A response to objections to an appraisal must be filed within twenty days of service of the objections.

A response must be filed within twenty (20) days of service of the objections.

Page 9 | VIII. Trial

The Court may waive the 24-hour notice requirement for a proposed temporary restraining order.

The Court has the discretion to dispense with the twenty-four (24) hour notice requirement.

Page 11 | G. Orders to Show Cause and Temporary Restraining Orders

Counsel must advise the court before jury selection of anticipated exhibits or demonstrative evidence intended for opening statements and provide a copy to opposing counsel.

if counsel intends to use/read from any anticipated exhibit or item or demonstrative evidence during opening statements, counsel is to advise the Court of such intention prior to commencement of jury selection and provide opposing counsel with a copy.

Page 14 | F. Use of Exhibits

Any required fee for an order to show cause must be paid at the County Clerk’s Office before submission to the Court.

An order to show cause submitted to this Court must be uploaded to NYSCEF or presented to the office of the calendar clerk, after the payment of any required fee at the County Clerk’s Office.

Page 11 | G. Orders to Show Cause and Temporary Restraining Orders

Parties must redact social security numbers and confidential personal information, and where permissible file the redacted document on NYSCEF while simultaneously emailing the unredacted version to the Part Clerk with an explanation of the redaction.

G. Redaction. The parties must comply with the requirements of General Business Law § 399-ddd (6), regarding the redaction of social security numbers and 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. Where permissible, redacted document(s) shall be filed to NYSCEF, and the unredacted version of said document(s) shall be simultaneously emailed to the Part Clerk. The email should note that the document(s) is an unredacted version of a document filed to NYSCEF in redacted form and include the reason for redaction.

Page 5 | II. GENERAL RULES

Each NYSCEF exhibit must contain one separately uploaded document, and multiple documents may not be grouped under one exhibit.

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

Page 10 | VI. MOTIONS GENERALLY — B. Papers

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

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

Page 7 | II. GENERAL RULES

An attorney familiar with the case and authorized to act must attend the preliminary conference unless a party appears self-represented.

Except in cases where a party is appearing self- represented, an attorney thoroughly familiar with the action and who is authorized to act on behalf of the party must appear at the preliminary conference.

Page 7 | II. GENERAL RULES

Except in exigent circumstances, parties must confer in good faith in person or by telephone before requesting a discovery pre-motion conference and ordinarily should not copy the court on their discovery correspondence.

Absent exigent circumstances, the parties are expected to confer in good faith either in-person or by telephone regarding the claimed failure to engage in discovery and the claimed compliance or reason for noncompliance prior to requesting a pre-motion conference (22 NYCRR 202.20-f). The parties are not to copy to Court on correspondence between them concerning discovery issues unless specifically requested to do so by the Court.

Page 9

A discovery motion filed before the required pre-motion conference will be denied unless the party shows good cause for obtaining relief before the conference.

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

Page 9

A discovery-related motion may not be filed until a pre-motion conference has been requested and held and the court has issued a briefing schedule.

NO DISCOVERY-RELATED MOTION MAY BE FILED UNTIL A PRE-MOTION CONFERENCE HAS BEEN REQUESTED AND HELD AND A BRIEFING SCHEDULE ISSUED BY THE COURT.

Page 9

A preliminary conference addressing a discovery dispute may satisfy the pre-motion conference requirement, but motion papers may not be filed until a preliminary conference order issues.

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 conference order has been issued.

Page 9

A motion to vacate the Note of Issue may not be filed until a requested pre-motion conference has been held.

No motion to vacate the Note of Issue shall be filed until a pre-motion conference has been requested and held.

Page 11 | F. Motions to Vacate Note of Issue

Before filing a motion concerning deposition objections or other deposition-related relief, counsel must attempt resolution in good faith and conference with the court.

b. Attorneys seeking rulings on objections or making application for any other relief pertaining to the depositions shall communicate with the IAS Justice’s Part by email or telephone/TEAMs conference call for a determination and shall make no motion in the absence of a conference with the Court and a good faith effort to resolve the matter without unnecessary motion practice.

Page 18 | (6) Depositions

Counsel must consult and make a good-faith effort to reach agreement before the preliminary conference.

Counsel shall consult regarding the matters to be addressed at the preliminary conference and shall make a good faith effort to reach agreement in advance of the conference

Page 5 | V.C.2.b. Conferences in Tax Certiorari Proceedings — Preliminary Conferences

When electronic discovery is reasonably likely, attorneys must confer on an e-discovery stipulation, and any unresolved issue will be addressed at the preliminary conference.

Where it is reasonably likely that a case will include electronic discovery, attorneys for the parties shall meet and confer to discuss and agree on a stipulation governing such electronic discovery. If the parties, after conferring, are unable to reach a stipulation, the Court will address same at the preliminary conference.

Page 7 | II. GENERAL RULES

When a dispositive motion filed with the RJI substitutes for a preliminary-conference request, the Court sets a control date for filing the conference stipulation.

In the event that a dispositive motion is filed and accompanies the RJI rather than a request for a preliminary conference, the Court will issue a control date for the submission of a preliminary conference ===== PAGE 8 ===== stipulation.

Page 7 | II. GENERAL RULES

If good-faith discussions fail, a party may request a discovery pre-motion conference by emailing the Part Clerk and noticing all other parties.

If the parties’ good faith discussions fail to resolve the discovery dispute, the parties may request a pre-motion conference by emailing the Part Clerk on notice to all other parties.

Page 9

No appearance is required on a motion’s return date unless the court directs one.

There will be no appearances on the return date of any motion unless this Court so directs.

Page 10 | VI. MOTIONS GENERALLY — A. Return Dates and Appearances

Unless the court orders otherwise in a particular case, motions are submitted without oral argument.

Absent a specific order to the contrary from this Court in a particular case, all motions shall be submitted without oral argument.

Page 10 | VI. MOTIONS GENERALLY — A. Return Dates and Appearances

Counsel should attempt to resolve issues with opposing counsel before making a motion.

Prior to making any motion, Counsel should attempt to resolve issues with opposing counsel.

Page 7 | VII. Motions

A pre-motion conference is recommended, and counsel may request one to resolve disputed issues.

In an attempt to resolve disputed issues, the Court recommends and counsel may request a pre-motion conference.

Page 7 | VII. Motions

Preliminary conferences are held in person on Monday through Thursday mornings at 9:30 a.m.

Preliminary conferences are held in person at a general calendar call on Monday, Tuesday, Wednesday and Thursday mornings at 9:30 a.m.

Page 7 | II. GENERAL RULES

An adjournment request must be emailed in writing to the Court Attorney-Referee and uploaded to NYSCEF as a letter at least 48 hours before the conference.

A request to adjourn a conference must be made in writing by email to the Court Attorney- Referee and by letter uploaded to NYSCEF at least forty-eight (48) hours in advance of the scheduled conference.

Page 3 | V.B. Adjournments

Every adjournment application must state the reason, opposing parties' consent or objection, and requested duration; consent requests must include available alternative dates and be copied to all counsel and self-represented parties.

All applications for adjournments must set forth: 1) the reason why an adjournment is necessary; 2) whether the opposing party(ies) consent(s) or object(s) to the application; and 3) the length of the adjournment sought. If the adjournment is on consent, the parties shall provide alternate date(s) when all parties are available. All such communications must be copied to all counsel and self-represented parties.

Page 4 | V.B. Adjournments

A non-consent adjournment request must explain the need for and length of the adjournment and state the non-consenting party's reason, while objecting parties may briefly state their objections.

Where the adjournment sought is not on consent, the requesting party must briefly set forth why the adjournment is necessary, the length of the adjournment and the reason offered by the non-consenting party for his/her lack of consent. Opposing counsel or self-represented parties may succinctly provide their reasons for objecting to the requested adjournment.

Page 4 | V.B. Adjournments

The Court will notify the requester through NYSCEF or reply email, will not act on requests not copied to all other parties, and will not treat a consented request as granted absent express court advice.

The Court will advise the requesting party by court notice via NYSCEF or reply email (with copies to all parties copied on the originating email) whether the requested adjournment has been granted. No action will be taken on requests that are not copied to all other parties. The parties should not assume that the request for an adjournment (even if consented to) has been granted unless specifically advised by the Court.

Page 4 | V.B. Adjournments

Dates set by the Court may not be modified except by court order and for good cause shown.

No modifications of the dates set by the Court are permitted except by Order of the Court and for good cause shown.

Page 5 | V.C.2.a. Conferences in Tax Certiorari Proceedings — Status Conferences

The appraisal exchange date cannot be extended without prior court approval, even if the parties stipulate to an extension.

The appraisal exchange date may not be extended without prior Court approval notwithstanding the stipulation of the parties to extend the deadline.

Page 8 | VIII.A. Appraisals in Tax Certiorari Proceedings

Requests to adjourn appearances or extend court-ordered deadlines must be raised at a court conference rather than by letter or email.

The Court will not address requests for adjournments or extensions of court-ordered deadlines in response to letters or emails. The Court will only address requests for adjournments or extensions in a court conference.

Page 3 | IV. Adjournments and Extensions of Deadlines

An appearance adjournment requires a timely request by NYSCEF letter and email to the Part Clerk, a showing of good cause caused by an unavoidable scheduling conflict, and specified information about the appearance and party consent.

Adjournments of any appearance before the Court shall be granted only upon a showing of good cause that an unavoidable scheduling conflict exists (22 NYCRR 202.10 [b]). To request an adjournment, a party shall make the request via letter filed to NYSCEF and emailed to the Part Clerk. The adjournment request must state: (1) the appearance date and (2) whether all parties consent and, if not, the reasons given for refusing or withholding consent. Absent extraordinary circumstances, requests for adjournment shall be made two (2) business days before the scheduled appearance.

Page 3 | IV. Adjournments of Appearances

A preliminary-conference adjournment requires good cause and, at least three business days beforehand, an NYSCEF request plus emailed notice to the Part Clerk and all other parties containing two alternative dates no later than one month after the scheduled conference; absent court confirmation, the parties must attend as scheduled.

Adjournments of preliminary conferences will be granted only upon a showing of good cause (22 NYCRR 202.10 [b]). 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 email the request to the Part Clerk on notice to all other parties. The request for an adjournment shall be made at least three (3) business days before the scheduled preliminary conference and shall include two (2) proposed alternative dates for rescheduling the conference, which dates shall be no later than one month following the scheduled preliminary conference. Unless the parties receive confirmation from the Court that the preliminary conference has been rescheduled, the parties shall appear for the conference as originally scheduled.

Page 7 | II. GENERAL RULES

Counsel must ensure that a motion return-date adjournment request is received by the Motion Support Office 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 the Motion Support Office and approved within the requisite time.

Page 10 | VI. MOTIONS GENERALLY — E. Adjournments

Motion adjournment requests must be submitted in writing to the Motion Support Clerk under Part III of the Westchester County Civil Case Management Rules.

Requests for adjournments of motions must be sought from the Motion Support Clerk in writing in accordance with Part III of the Westchester County Civil Case Management Rules.

Page 10 | VI. MOTIONS GENERALLY — E. Adjournments

Motion adjournment requests must not be sent to chambers.

Requests for adjournments of motions shall NOT be addressed to Chambers.

Page 10 | VI. MOTIONS GENERALLY — E. Adjournments

An adjournment request may not be sent to the Part and will not be granted after the deadline to move or submit opposition or reply papers.

No request for adjournment shall be addressed to the Part. At no time shall an adjournment be granted after the time to move or submit opposition or reply papers has expired.

Page 10 | VI. MOTIONS GENERALLY — E. Adjournments

A motion return date may be adjourned no more than three times and for no more than 60 total days, whether before or after the Note of Issue.

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 the return date may not be adjourned for a period exceeding a total of sixty (60) days.

Page 11

A deposition must continue to completion and may be adjourned only by further court order unless all parties agree that the adjournment will not impair performance or enforcement of the stipulation.

c. Once begun, a deposition shall continue until completed and shall not be adjourned without further order from the Court, unless all parties agree that the adjournment of such deposition does not delay or otherwise impede any party’s ability to perform or enforce any of the terms of this Stipulation.

Page 18 | (6) Depositions

No time directive may be adjourned without the Court’s permission.

No adjournments of any time directive above shall be permitted without the permission of the Court.

Page 20

A conference adjournment requires a showing of good cause and ordinarily does not extend a court-ordered deadline unless the court so directs.

Adjournments of conferences shall be granted upon a showing of good cause. An adjournment of a conference will not extend any deadline ordered by the Court unless otherwise directed by the Court (see 22 NYCRR § 202.10).

Page 4 | V.B. Adjournments

On good cause, the court may excuse a default, extend the appraisal-report filing deadline, or allow an amended or supplemental report subject to court-imposed conditions.

Upon application of any party, upon good cause shown, the Court may relieve a party of a default in filing a report, extend the time for filing reports, or allow an amended or supplemental report to be filed upon such conditions as the Court may direct (see 22 NYCRR § 202.61[a][3]).

Page 8 | VIII.B. Exchange of Appraisal Reports in Condemnation Proceedings

On proper notice and a showing of good cause, the court may excuse a late appraisal report, extend the report-exchange time, or permit an amended or supplemental report.

upon the application of any party on such notice as the Court shall direct, the Court may, upon good cause shown, relieve a party of a default in the service of a report, extend the time for exchanging reports, or allow an amended or supplemental report to be served upon such conditions as the Court may direct

Page 8 | VIII.A. Appraisals in Tax Certiorari Proceedings

After trial begins, an application concerning a late, extended, amended, or supplemental appraisal report must be made to the court and will be considered only in unusual and extraordinary circumstances.

After the trial of the issues has begun, any such application must be made to the Court and shall be entertained only in unusual and extraordinary circumstances

Page 8 | VIII.A. Appraisals in Tax Certiorari Proceedings

Adjournments mistakenly sent to the Part Clerk or Chambers will not be processed.

adjournments sent in error to the Part Clerk or Chambers will not be processed.

Page 11

Chambers must be promptly notified in advance of any future court appearance after a proceeding is settled before the scheduled date.

If a proceeding has been settled prior to the trial date or any other court date, Chambers must be promptly notified in advance of any future appearance.

Page 11 | X. Settlements, Discontinuances and Dismissals

A written request for a virtual conference must be filed through NYSCEF and emailed to the Part Clerk at least one week before the scheduled conference, unless emergent circumstances are stated in the request.

Such requests shall (a) be filed via NYSCEF and emailed to the Part Clerk at least one (1) week prior to the scheduled conference, absent emergent circumstances noted in the letter of request;

Page 2 | II. GENERAL RULES — D. Appearances by Counsel and Parties — Virtual Appearances

A party concerned about a deadline must promptly email the Part Clerk and request an immediate court conference.

Therefore, if any party believes that there is an issue with a deadline, the party shall promptly email the Part Clerk and request an immediate conference with the Court.

Page 3 | IV. Adjournments and Extensions of Deadlines

When a motion is withdrawn or rendered moot, the parties must immediately notify the Part Clerk by email and by uploading a letter 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 12 | K. Motions Withdrawn

Counsel must immediately notify the Part Clerk by email when an action or proceeding is settled or withdrawn.

Counsel must notify the Part Clerk by email of the settlement or withdrawal of any action or proceeding immediately upon such settlement or withdrawal.

Page 15 | X. MISCELLANEOUS — B. Settled and Discontinued Cases

A party seeking modification of court-set dates must promptly contact the Court Attorney-Referee by email and NYSCEF letter to request a conference.

Any party seeking to modify the dates set by the Court must contact the Court Attorney- Referee by email and letter via NYSCEF as soon as the basis for the request to modify arises to request a conference with the Court Attorney-Referee.

Page 5 | V.C.2.a. Conferences in Tax Certiorari Proceedings — Status Conferences

Except when scheduling a conference call, counsel must include all opposing counsel when telephoning the Court.

Counsel may not contact the Court without all opposing counsel on the telephone, except to schedule a conference call.

Telephone calls to Chambers are permitted only for situations requiring immediate attention that cannot be resolved through correspondence or contact with the Part’s staff.

Telephone calls to Chambers are permitted only in situations requiring immediate attention that cannot otherwise be obtained by correspondence or by contacting the Part’s staff.

The requesting party must arrange the conference call and provide its call-in information to the Court and all other parties.

The requesting party shall be responsible for setting up the conference call and providing the call-in information to the Court and all other parties.

A party unable to appear on time because of unforeseen or emergency circumstances must promptly contact the adversary and telephone the Part Clerk.

If you are unable to appear on time due to unforeseen and/or emergency circumstances (e.g., delays due to inclement weather, road closures, medical emergencies, etc.), please contact your adversary and advise the Part Clerk by telephone promptly.

Page 2 | II. GENERAL RULES — D. Appearances by Counsel and Parties

A party unable to access the Teams link or call-in number must immediately email the Part Clerk, notify all other parties, and provide a contact phone number.

If a party experiences technical difficulties when accessing the Teams link and cannot connect to the call-in number, the party shall immediately email the Part Clerk on notice to all other parties. The party shall include in the email a phone number where that party can be contacted.

Page 3 | IV. Virtual Appearances

Scheduling and calendaring matters should be handled by telephone with the Part Clerk.

For scheduling and calendaring matters, please call the Part Clerk.

Page 5 | III. COMMUNICATIONS WITH THE COURT

For matters not addressed in these rules or emergencies requiring immediate attention, parties may call Chambers and, if necessary, should leave a message with their name, action index number, and a brief inquiry description.

For matters not addressed in these rules or in emergency situations requiring immediate attention, telephone calls to Chambers are permitted and, if necessary, the party should leave a message, noting the name and index number of the action and a brief description of the nature of the inquiry.

Page 5 | III. COMMUNICATIONS WITH THE COURT

On a showing of appropriate circumstances, any party may request an earlier preliminary-conference date by emailing the Part Clerk with notice to all other parties.

Any party may seek to advance the date of a preliminary conference upon a showing of appropriate circumstances (22 NYCRR 202.12 [i]). The request to advance the conference date shall be made via email to the Part Clerk, on notice to all other parties.

Page 7 | II. GENERAL RULES

Parties are encouraged to request a pre-motion conference by emailing the Part Clerk, with notice to all other parties, at the earliest practicable opportunity.

As a result, parties should request a pre-motion conference by emailing the Part Clerk on notice to all other parties at the earliest practicable opportunity.

Page 11 | F. Motions to Vacate Note of Issue

General e-filing questions may be directed to the E-Filing Resource Center by telephone at (646) 386-3033 or email at efile@nycourts.gov.

General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@nycourts.gov.

The Senior Court Clerk may be contacted by email at bjgreene@nycourts.gov or by telephone at (914) 824-5342.

Senior Court Clerk: Bobbi Jo Greene Email: bjgreene@nycourts.gov Tel: (914) 824-5342

The Secretary can be contacted by email at gbeall@nycourts.gov or by telephone at (914) 824-5421.

Secretary: Gianine Beall Email: gbeall@nycourts.gov Tel.: (914) 824-5421

Page 1 | I. CONTACT INFORMATION

The Part Clerk can be contacted by email at vlouis@nycourts.gov or by telephone at (914) 824-5367.

Part Clerk: Vanessa Carmona Louis Email: vlouis@nycourts.gov Tel.: (914) 824-5367

Page 1 | I. CONTACT INFORMATION

The Principal Law Clerk can be contacted by email at gbmiller@nycourts.gov or by telephone at (914) 824-5422.

Principal Law Clerk: Gardner Miller Email: gbmiller@nycourts.gov Tel.: (914) 824-5422

Page 1 | I. CONTACT INFORMATION

General questions about e-filing may be submitted to the E-Filing Resource Center by telephone at (646) 386-3033 or email at efile@courts.state.ny.us.

General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@courts.state.ny.us.

Page 2 | II. GENERAL RULES — C. Electronic Filing

Counsel may ask the Part Clerk by email to schedule a settlement conference when the Court may assist settlement.

However, counsel may also email the Part Clerk to schedule a settlement conference, if during the course of the case, counsel believes that this Court may be of assistance in settling a case.

Page 8 | D. Settlement Conferences