Judge Keri A. Fiore
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Attorney filings
Court-wide- 1 copy • Following Initial Notification
Courtesy copies
Court-wide- Civil, Pro Se:
- Not required
- Civil, Pro Se:Within 48 Hours
Note of Issue and Certificate of Readiness
Court-wide- Within Two Business Days
Stipulation of Discontinuance
Court-wide- 1 copy
Adjournments
- An appearance or motion adjournment request must be written, noticed to all other parties, filed on NYSCEF at least three business days before the deadline, and supported by specified information and consent; it is not granted without express written court approval.
Communication
Other Contacts4 contacts
Chambers1 contacts
Document Format Requirements1 rule
Each party is limited to fifteen (15) exhibits, unless otherwise approved by the Court, and each exhibit must be uploaded separately using the VEC.
Document Filing Requirements8 rules
Any attorney for a party, or any pro se party, who has used AI in the preparation or drafting of any documents filed with the court must disclose that AI has been used and must further certify in the document that the person has checked the accuracy
- Document
- AI assisted filing
Must include
- •AI disclosure
The Notice of Appearance shall include the attorney’s name, firm affiliation, e-mail address, mailing address, telephone number, and the party represented.
An attorney or pro se party who used AI in preparing a court filing must include a certification confirming review of the AI-drafted portions and compliance with 22 NYCRR Part 130.
- Document
- AI assisted filing
Must include
- •AI disclosure
Court's wording
If AI is used in the preparation or drafting of any documents filed with the court the attorney for the party, or any pro se party, shall include a certification confirming: i. They have reviewed and verified those portion(s) drafted by AI; and ii. The submission is in compliance with 22 NYCRR Part 130.
An attorney or pro se party using AI for a court filing must state in the document body that AI was used, identify the AI program, and identify the AI-assisted portion.
- Document
- AI assisted filing
- Placement
- Body of the document
Must include
- •AI disclosure
Court's wording
In addition to the certification requirement above, any attorney for a party, or any pro se party that utilizes any AI tool in the preparation or drafting of any documents filed with the Court shall disclose in the body of the document that AI has been used, name the AI program used, and identify which portion of the document contains AI.
Post-Trial: In accordance with the schedule set by the Court, the parties must submit and upload to NYSCEF the following: 1) a transcript of the proceeding; 2) closing memoranda; and 3) any other document required to complete the record for purposes of any appeal.
The Court will not accept separate statements of proposed disposition without prior written approval.
If AI is used only for research, no certification or disclosure is required.
Parties may request oral argument by stating “Oral Argument Requested” on the first page of the papers submitted.
- Document
- Motion papers
- Placement
- First page
Include
- •Oral Argument Requested
Filing & Service rules
Electronic Filing Rules
Each attorney must file a Notice of Appearance with Chambers through NYSCEF within ten days after the earlier of written notice of assignment to the Part or written notice of a Preliminary Conference.
Within ten (10) days of written notification of assignment of a case to this Part, or written notification of a Preliminary Conference, whichever shall first occur, each attorney shall file a Notice of Appearance with Chambers on the New York State Courts E-Filing system (“NYSCEF”).
Page 2 | II. Appearances before the Court
Communications with the court must be e-filed.
Communications with the Court shall be in writing and e-filed, with copies simultaneously delivered to all counsel or self-represented parties.
Page 3 | IV. Communications with the Court
An appearance or motion adjournment request must be filed electronically on NYSCEF and noticed to the other parties.
A request for an adjournment of an appearance or a motion shall be made in writing at least three (3) business days prior to the appearance or motion deadline, on notice to the other parties and shall be filed on NYSCEF.
Page 3 | III. Scheduling and Calendar Matters
Letters, proposed orders, proposed judgments, and all other court submissions must be filed on NYSCEF.
All submissions to the Court, including letters, proposed orders, and proposed judgments must be filed on NYSCEF.
Page 4 | VI. NYSCEF
The parties must e-file a fully executed stipulation of settlement or discontinuance as soon as practicable.
As soon as is practicable, the parties shall e-file a fully executed stipulation of settlement or discontinuance.
Page 4 | V. Notification of Settlements and Discontinuances
E-filing is mandatory in matrimonial actions, but self-represented parties must consent to participation and are not subject to the mandatory e-filing rule.
E-filing in matrimonial actions is mandatory except in limited circumstances. For instance, E-filing in matrimonial actions is not mandatory for self-represented parties and shall require consent in accordance with Rules 202.5-b and 202.5-bb of the Uniform Rules for the New York State Trial Courts.
Page 4 | VI. NYSCEF
Every document in a NYSCEF case must be filed through NYSCEF.
All documents in NYSCEF cases must be filed on NYSCEF.
Page 4 | VI. NYSCEF
Counsel must immediately notify the court through a NYSCEF letter when an action or motion is settled, discontinued, withdrawn, or otherwise disposed.
If an action or motion is settled, discontinued, withdrawn, or disposed in any manner, counsel must immediately notify the Court by uploading a letter to NYSCEF.
Page 4 | V. Notification of Settlements and Discontinuances
A self-represented party who has not consented to NYSCEF must file documents with the Westchester County Clerk or Supreme Court Civil Calendar Office and use hard-copy service unless the parties agree or the court directs otherwise.
A self-represented party who has not consented to NYSCEF participation shall file documents with the Westchester County Clerk and/or the Supreme Court Civil Calendar Office and shall serve and be served with documents in hard copy, unless there is a written agreement between parties and/or counsel or as otherwise specified by the Court.
Page 4 | VI. NYSCEF
All motion papers and accompanying documents must be uploaded to NYSCEF in cases using electronic filing.
All motion papers and accompanying documents must be uploaded to NYSCEF in E-filed cases.
Page 5 | VII. Motions — a. General
A proposed Order to Show Cause submitted for signature must be uploaded to NYSCEF.
Proposed Orders to Show Cause submitted for signature must be uploaded to NYSCEF.
Page 5 | VII. Motions — e. Orders to Show Cause
Each motion in limine must be emailed to the Principal Law Clerk and uploaded to NYSCEF no later than seven days before the scheduled trial date.
All motions in limine shall be e-mailed to the Principal Law Clerk using the Chambers e-mail address (9jd-JudgeFiore@nycourts.gov) and uploaded to NYSCEF no later than seven (7) days prior to the scheduled trial date.
Page 7 | VI. NYSCEF
Post-trial submissions must be uploaded to NYSCEF in accordance with the schedule set by the Court.
Post-Trial: In accordance with the schedule set by the Court, the parties must submit and upload to NYSCEF the following: 1) a transcript of the proceeding; 2) closing memoranda; and 3) any other document required to complete the record for purposes of any appeal.
Page 7 | VI. NYSCEF
Filing Timing and Cure Windows
Counsel must immediately notify the court when an action or motion is settled, discontinued, withdrawn, or otherwise disposed.
If an action or motion is settled, discontinued, withdrawn, or disposed in any manner, counsel must immediately notify the Court by uploading a letter to NYSCEF.
Page 4 | V. Notification of Settlements and Discontinuances
A fully executed stipulation of settlement or discontinuance must be e-filed as soon as practicable.
As soon as is practicable, the parties shall e-file a fully executed stipulation of settlement or discontinuance.
Page 4 | V. Notification of Settlements and Discontinuances
The listed Pretrial or Pre-Hearing Conference materials must be submitted through NYSCEF no later than seven days before the conference.
Parties must submit the following items as directed below, via NYSCEF no later than seven (7) days prior to the Pre-Trial/Pre- Hearing Conference:
Page 6 | VIII. Matrimonial Conferences — d. Pre-Trial/Pre-Hearing Conference
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 date of the scheduled Preliminary Conference via NYSCEF.
Page 6 | VIII. Matrimonial Conferences — c. Preliminary Conference
At least ten days before the Preliminary Conference, each party must file through NYSCEF, on notice to all parties, a retainer agreement, Statement of Net Worth, most recent paystub, and income tax returns.
Pursuant to Section III (B) (2) of the MPOR, at least ten (10) days prior to the scheduled Preliminary Conference, each party must file on notice to all parties via NYSCEF (a) the retainer agreement; (b) a Statement of Net Worth; and (c) the most recent paystub and income tax returns.
Page 6 | VIII. Matrimonial Conferences — c. Preliminary Conference
All evidentiary objections must be uploaded to the VEC at least seven days before trial begins.
All objections to evidence must be uploaded seven (7) days prior to the commencement of trial.
Page 7 | VI. NYSCEF
A motion in limine must be submitted by email and NYSCEF at least seven days before trial, and untimely submission may result in summary denial.
All motions in limine shall be e-mailed to the Principal Law Clerk using the Chambers e-mail address (9jd-JudgeFiore@nycourts.gov) and uploaded to NYSCEF no later than seven (7) days prior to the scheduled trial date. Failure to bring the issue before the Court in a timely manner may result in summary denial of such application.
Page 7 | VI. NYSCEF
All trial or hearing evidence must be uploaded to NYSCEF's Virtual Evidence Courtroom at least ten days before trial begins.
All evidence must be uploaded to the VEC ten (10) days prior to the commencement of trial.
Page 7 | VI. NYSCEF
Service and Proof of Service Rules
The other parties must receive notice of an appearance or motion adjournment request.
A request for an adjournment of an appearance or a motion shall be made in writing at least three (3) business days prior to the appearance or motion deadline, on notice to the other parties and shall be filed on NYSCEF.
Page 3 | III. Scheduling and Calendar Matters
Copies of court communications must be simultaneously delivered to all counsel or self-represented parties.
Communications with the Court shall be in writing and e-filed, with copies simultaneously delivered to all counsel or self-represented parties.
Page 3 | IV. Communications with the Court
A self-represented party who has not consented to NYSCEF must serve and receive documents in hard copy unless the parties agree or the court directs otherwise.
A self-represented party who has not consented to NYSCEF participation shall file documents with the Westchester County Clerk and/or the Supreme Court Civil Calendar Office and shall serve and be served with documents in hard copy, unless there is a written agreement between parties and/or counsel or as otherwise specified by the Court.
Page 4 | VI. NYSCEF
Pre-Motion Conference Requirements
A party seeking a motion must file and upload through NYSCEF a pre-motion conference request on notice to all other parties that states the anticipated motion’s basis and is no more than two pages.
Pursuant to Section V (A) (Pre-Motion Conferences) of the MPOR, any party seeking to make a motion must file a written letter request for a pre-motion conference on notice to all other parties and upload the letter to NYSCEF. The letter request should state the basis of the anticipated motion and may not exceed two (2) pages.
Page 5 | VII. Motions — b. Pre-Motion Conference
Parties served with the pre-motion notification may serve and file a response through NYSCEF within one business day after service.
All parties so served may serve and file a letter response via NYSCEF within one (1) business day from service of the notification letter.
Page 5 | VII. Motions — b. Pre-Motion Conference
A pre-motion conference request is not required after filing a Note of Issue.
In accordance with MPOR Section V (A), a request for a pre-motion conference shall not be required after the filing of a Note of Issue.
Page 5 | VII. Motions — b. Pre-Motion Conference
Adjournment & Extension Requirements
A hearing or trial adjournment is not permitted except as provided by 22 NYCRR § 125.1.
A request for an adjournment of a hearing/trial is not permitted except as provided in 22 NYCRR § 125.1.
Page 3 | III. Scheduling and Calendar Matters
An appearance or motion adjournment request must be written, noticed to all other parties, filed on NYSCEF at least three business days before the deadline, and supported by specified information and consent; it is not granted without express written court approval.
A request for an adjournment of an appearance or a motion shall be made in writing at least three (3) business days prior to the appearance or motion deadline, on notice to the other parties and shall be filed on NYSCEF. If the request is not made at least three business days prior to the appearance or motion deadline, the parties must appear on the appearance date or motion return date. Any party seeking an adjournment must attempt to obtain consent from all other parties in the action. Applications for adjournments must state the following: (1) the appearance/motion date, (2) three proposed adjourned dates/times on consent, (3) the reason for the request, (4) the number of prior adjournments, and (5) whether the opposing party(ies) consent(s) or object(s) to the request. Absent explicit approval from the Court in writing, the adjournment request is not deemed granted, even if the adjournment request is on consent.
Page 3 | III. Scheduling and Calendar Matters
Chambers Communication Rules
Communications with the court must be written, e-filed, and simultaneously delivered to all counsel or self-represented parties.
Communications with the Court shall be in writing and e-filed, with copies simultaneously delivered to all counsel or self-represented parties.
Page 3 | IV. Communications with the Court
Self-represented parties must direct all communications to the court through the stated chambers email address.
Self-represented parties must direct all communications through the Chambers e-mail address at 9JD-JudgeFiore@nycourts.gov.
Page 4 | IV. Communications with the Court
The court does not accept correspondence or legal papers by fax.
The Court does not accept correspondence or legal papers of any kind by fax transmission.
Page 4 | IV. Communications with the Court
Ex parte communications with the court are prohibited and will not be considered.
Any ex parte communication is strictly prohibited and will not be considered or entertained by the Court.
Page 4 | IV. Communications with the Court
Counsel and self-represented parties must immediately notify the Part Clerk when an upcoming appearance, hearing, or trial requires an interpreter, technological equipment, or special services.
Counsel and any self-represented party must notify the Part Clerk immediately upon being advised of a court appearance, hearing, or trial if an interpreter, technological equipment (e.g., television, monitor), or any special services are required.
Page 6 | IX. Matrimonial Hearings and Trials — a. Interpreters, Special Services, and Technology
Telephone calls to chambers are permitted only for immediate matters that cannot be handled through the prescribed written channels.
Telephone calls and e-mails to Chambers are permitted only in situations requiring immediate attention that cannot otherwise be obtained by written correspondence filed via NYSCEF or via hard copy submission to the Westchester County Clerk and/or the Supreme Court Civil Calendar Clerk’s Office.
Page 3 | IV. Communications with the Court
Scheduling and calendar inquiries should be emailed to Part Clerk Terrence Daly.
Any inquiries regarding scheduling and calendar matters should be directed to the Part Clerk, Terrence Daly, via email at tedaly@nycourts.gov.
Page 3 | III. Scheduling and Calendar Matters