Judge William J. Giacomo
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Attorney filings
Court-wide- 1 copy • Following Initial Notification
Note of Issue and Certificate of Readiness
Court-wide- Within Two Business Days
Stipulation of Discontinuance
Court-wide- 1 copy
Adjournments
- An adjournment request must be made in writing at least two business days before the return date and with notice to all parties.
- When practicable, an adjournment request should be submitted at least two business days before the conference, identify two alternative dates, and propose dates no later than 120 days before the discovery cutoff in the preliminary conference order.
Communication
Clerk5 contacts
Other Contacts3 contacts
Page & Word Limits3 rules
Papers submitted to the Court in violation of this rule may not be considered by the Court in deciding the motion.
Absent express permission from the Court, attorney affidavits, affirmations, and principal memoranda of law are limited to 7,000 words each, while their reply counterparts are limited to 4,200 words each and must respond to arguments in the principal memoranda.
- Word limit for attorneys
- Up to 7,000 words
- Reply affidavit or memorandum for attorneys
- Up to 4,200 words
Court's wording
Pursuant to Section 202.8-b of the Uniform Civil Rules for the Supreme Court and the County Court, absent advance express permission from the Court, (i) attorney affidavits or affirmations, and memoranda of law in chief shall be limited to 7,000 words each: (ii) reply attorney affidavits or affirmations, and memoranda of law shall be no more than 4,200 words each and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.
These word limitations shall not apply to evidentiary materials such as affidavits, affirmations or reports from lay or expert witnesses.
Document Format Requirements1 rule
Counsel and any self-represented party must meet with the assigned Court Reporter to pre-mark all exhibits for identification. Any exhibits whose admission is agreed to by the parties must be pre- marked for admission, subject to Court approval. All exhibits not consented to shall be marked for identification only.
Document Filing Requirements26 rules
Counsel must certify compliance pursuant to Section 202.8-b(c).
For any dispositive motion, the moving party shall include copies of all pleadings filed as of the date the motion is filed. The failure to comply with this requirement may result in the denial of the motion.
On any motion for leave to amend, supplement, or correct a pleading, in addition to the proposed amended, supplemental, or corrected pleading, the moving party shall submit copies of all pleadings filed as of the date of the motion. The failure to comply with this requirement may result in the denial of the motion.
Any party seeking a written order shall submit to the Court a proposed order supported by a copy of the transcript of the proceedings at which the bench decision was rendered.
A default-judgment motion must include proof of a post-response-period military-status investigation of each individual non-corporate defendant.
Court's wording
On any motion for a default judgment, proof must be presented that a military status investigation of all individual (non-corporate) defendants has been conducted after the time for each such defendant to appear or answer, as applicable, has passed.
An order to show cause seeking injunctive relief must be accompanied by copies of the summons and initiating complaint or petition, and noncompliance may result in denial.
Court's wording
Where an order to show cause which seeks injunctive relief is to be presented to the Court, copies of the summons and complaint or petition commencing the underlying action must be provided to the Court by the moving party. The failure to comply with this requirement may result in the denial of the order to show cause.
A motion seeking leave to renew or reargue must include copies of all prior papers and the prior decision, and noncompliance may result in denial.
Court's wording
On any motion seeking leave to renew or reargue a prior motion, the moving party must submit copies of all papers submitted and a copy of the decision on the prior motion. The failure to comply with this requirement may result in the denial of the motion.
A request for temporary injunctive relief must demonstrate compliance with Uniform Rule 202.7(f) notice requirements.
Court's wording
Where temporary injunctive relief is sought, counsel for the moving party or any self-represented party shall demonstrate compliance with § 202.7(f) of the Uniform Rules for the New York State Trial Courts regarding notice to affected parties.
Factual arguments set forth in the memorandum shall be supported by citations to the trial transcript, and legal arguments shall be supported by citations to relevant statutes or case law.
- Document
- Post-trial memorandum
Must include
- •Legal argument
After a trial of equitable-distribution issues, each party must classify every property item and outstanding debt as separate or marital and state each property’s value and each debt’s amount.
Court's wording
In the post-trial submissions following a trial of equitable distribution issues, each party must identify each item of property as either separate or marital and must state the value of each item of property. They must also identify all of the parties’ outstanding debts as either separate or marital and must state the amount of each debt.
In a matrimonial action, each party must also submit proposed Findings of Facts and Conclusions of Law and a proposed Judgment of Divorce.
All assertions as to the separate or marital status of each item of property and each outstanding debt and the value of each item of property and the amount of each debt, must be supported by citations to the trial transcript.
Unless otherwise directed by the Court, in accordance with the schedule set by the Court at the conclusion of a bench-trial or hearing, the parties shall jointly submit a trial transcript, and each party shall prepare and submit a post-trial memorandum.
additions to, the PJI are requested, the full text of such requests must be submitted in writing, together with any supporting legal precedents. In addition such proposals shall be submitted or emailed to the Court’s Principal Law Clerk at bpocius@nycourts.gov.
At the commencement of the trial, counsel for the parties and any self-represented parties shall jointly prepare a verdict sheet.
The proposed verdict sheet(s) shall be submitted or emailed to the Court’s Principal Law Clerk at bpocius@nycourts.gov.
At the final charging conference, if marshaling of the evidence is required as to a particular jury charge, counsel and all self-represented parties shall provide the Court with the proposed facts which they believe should be presented to the jury.
Counsel wishing to place any document into evidence during a virtual appearance must exchange the document with opposing counsel and confer prior to the virtual hearing.
Stipulated exhibits must be pre-marked into evidence. If the parties cannot stipulate a document into evidence, it must be marked for identification and exchanged.
Any counsel desiring to show any document on the screen during a hearing must request permission from the Court in advance.
Pre-marked copies of all documents stipulated into evidence to be displayed at the hearing shall be forwarded to the Court prior to the hearing. Documents objected to must also be marked for identification and forwarded to the Court prior to the hearing.
Defense counsel must file either a stipulation or a statement of discontinuance to carry out the discontinuance.
Court's wording
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.
(2) NOTE OF ISSUE: Plaintiff shall serve and file a Note of Issue and Certificate of Readiness via NYSCEF within twenty (20) days of entry of this Trial Readiness Stipulation and Order. Failure to file a note of issue within 90 days may result in dismissal of your case; and
A request for oral argument may be made on the first page of the Notice of Motion, Order to Show Cause or answering papers.
- Document
- Notice of motion
- Placement
- First page
A list of all exhibits the party expects to use at trial, indicating whether such exhibits are stipulated for admission into evidence or are marked only for identification.
- Document
- Trial submission
Include
- •Exhibit list
In the event that there is a need for a Confidentiality/Non-Disclosure Agreement prior to disclosure, the part(y) demanding same shall prepare and circulate the proposed agreement.
Filing & Service rules
Electronic Filing Rules
When an action is settled, discontinued, or otherwise disposed of, the parties must immediately notify the Court and file the Stipulation of Discontinuance through NYSCEF in an e-filed case.
If an action is settled, discontinued, or otherwise disposed of in any manner by the parties, counsel and self-represented parties shall immediately inform the Court by letter, along with a copy of the Stipulation of Discontinuance, and, in an e-filed case, by filing the Stipulation via NYSCEF.
Page 1 | GENERAL RULES
All communications with the Court must be filed through NYSCEF as Correspondence to Judge.
All communications with the Court are to be filed to NYSCEF as “Correspondence to Judge”.
Page 2 | GENERAL RULES
Cases subject to mandatory electronic filing must be filed through NYSCEF.
All cases that are subject to mandatory electronic filing must be filed electronically via NYSCEF.
Page 3 | MOTION PRACTICE RULES
In an e-filed case, every submission to the Court—including proposed orders, proposed judgments, and letters—must be filed through NYSCEF.
In an e-filed case, any submission to the Court, including a proposed order, proposed judgment or letter, must be filed electronically via NYSCEF.
Page 3 | MOTION PRACTICE RULES
An Order to Show Cause submitted for signature must be uploaded to NYSCEF or presented to the calendar clerk's office after payment of any required fee.
An Order to Show Cause submitted for signature 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 4 | MOTION PRACTICE RULES
E-filing parties must electronically file proof of hard-copy service on non-NYSCEF participants.
E-filing parties shall serve documents in hard copy on parties who have not recorded their participation in NYSCEF and shall e-file proof of such service.
Page 6 | K. Motion Decisions and Orders
The affidavit documenting mail service on an NYSCEF-opted-out party must be uploaded to NYSCEF.
(5) SUMMARY JUDGMENT MOTIONS IF PARTY HAS OPTED OUT OF NYSCEF: If a party has opted out of NYSCEF, a copy of any motion(s) or cross-motion(s) for summary judgment, opposition papers, reply papers must be served upon that party by mail within the prescribed time periods and an affidavit of such service shall be uploaded to NYSCEF.
Page 19 | TRIAL READINESS STIPULATION & ORDER
Plaintiff must upload proof of service of the Note of Issue and Certificate of Readiness to NYSCEF after serving any party that opted out.
(3) NOTE OF ISSUE IF PARTY HAS OPTED OUT OF NYSCEF: Plaintiff shall also serve a copy of the Note of Issue and Certificate of Readiness within twenty (20) days of entry of this Trial Readiness Order upon any party who has opted out of NYSCEF, and shall file proof of service thereof via NYSCEF; and
Page 19 | TRIAL READINESS STIPULATION & ORDER
Plaintiff must file the Note of Issue and Certificate of Readiness through NYSCEF within 20 days after entry of the order.
(2) NOTE OF ISSUE: Plaintiff shall serve and file a Note of Issue and Certificate of Readiness via NYSCEF within twenty (20) days of entry of this Trial Readiness Stipulation and Order. Failure to file a note of issue within 90 days may result in dismissal of your case; and
Page 19 | TRIAL READINESS STIPULATION & ORDER
Counsel and self-represented parties are expected to keep their NYSCEF contact information current.
Counsel and self- represented parties are expected to keep their contact information updated in NYSCEF.
Page 3 | MOTION PRACTICE RULES
The Court will file a signed bench-decision order through NYSCEF, except that in non-e-filed cases it will file the order with the County Clerk.
The signed order will be filed by the Court through NYSCEF or, in a non-e-filed case, with the County Clerk.
Page 6 | K. Motion Decisions and Orders
The Court will file decisions and orders through NYSCEF, except that in non-e-filed cases it will file them with the County Clerk.
The decision and order will be filed by the Court through NYSCEF or, in a non-e-filed case, with the County Clerk.
Page 6 | K. Motion Decisions and Orders
At trial’s conclusion, counsel and self-represented parties are expected to electronically file admitted exhibits and other documents needed to complete the appellate record.
At the conclusion of trial, counsel and any self-represented party are expected to e-file any exhibits admitted into evidence and any other document required to complete the record for purposes of any appeal.
Page 9 | S. Trial Conclusion
When all parties agree discovery is complete, they may request a Trial Readiness Order without a virtual conference appearance by submitting a signed Trial Readiness Stipulation through NYSCEF.
Where all parties agree that discovery is complete and request the issuance of a Trial Readiness Order without the necessity of an appearance at a virtual compliance conference, they may submit via NYSCEF a signed Trial Readiness Stipulation to such effect to be so- ordered.
Page 3 | CONFERENCES
In a non-e-filing case, or when the moving party has not opted into NYSCEF, the Court will email the signed Order to Show Cause to the moving party.
If it is not an e-file case or the moving party has not opted into NYSCEF, the Court will email the signed Order to Show Cause to the moving party.
Page 4 | MOTION PRACTICE RULES
A signed Order to Show Cause will be uploaded to NYSCEF.
If the Court signs an Order to Show Cause, a copy of it will be uploaded to NYSCEF.
Page 4 | MOTION PRACTICE RULES
The fully executed compliance-conference stipulation may be uploaded to NYSCEF at least two business days before the conference, after which counsel need not appear.
If the parties submit this stipulation two (2) business days prior to the scheduled compliance conference date, completed and executed by all parties, counsel need not appear at the compliance conference. This stipulation may be uploaded to NYSCEF.
Page 19 | TRIAL READINESS STIPULATION & ORDER
Filing Timing and Cure Windows
The Court must be informed immediately of a settlement, discontinuance, or other party disposition, with a copy of the Stipulation of Discontinuance.
If an action is settled, discontinued, or otherwise disposed of in any manner by the parties, counsel and self-represented parties shall immediately inform the Court by letter, along with a copy of the Stipulation of Discontinuance, and, in an e-filed case, by filing the Stipulation via NYSCEF.
Page 1 | GENERAL RULES
After a Trial Readiness Order issues, the plaintiff must serve and file a Note of Issue and Certificate of Readiness through NYSCEF within 20 days.
Once discovery is complete or has been deemed waived, a Trial Readiness Order will be issued 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 3 | CONFERENCES
Failure to file a Note of Issue within 90 days may result in dismissal.
Failure to file a note of issue within 90 days may result in dismissal of your case.
Page 3 | CONFERENCES
The parties have 60 days after filing a Note of Issue to file a summary-judgment motion.
After a Note of Issue is filed, the parties will have sixty days to file motions for summary judgment.
Page 3 | Settlement Conferences
Papers not filed through NYSCEF by noon on the return date may be disregarded in the Court's discretion.
Papers not filed on NYSCEF by noon on the return date may not, in the Court’s discretion, be considered.
Page 4 | MOTION PRACTICE RULES
Any party’s motion for summary judgment must be filed within 60 days after the Note of Issue is filed.
The deadline for making a summary judgment motion as set forth in the Trial Readiness Order is 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 5 | E. Motions for Summary Judgment
Opposition papers must be served and filed through NYSCEF within 30 days of the motion papers, and reply papers must be served and filed through NYSCEF within 10 days after service of the opposition papers.
Opposing papers must be served and filed via NYSCEF within thirty (30) days of service and filing via NYSCEF 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 5 | E. Motions for Summary Judgment
An untimely summary judgment motion or cross-motion will be denied.
The failure of a party to serve and file a motion or cross-motion 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 5 | E. Motions for Summary Judgment
All third-party actions must be commenced by the case-specific date entered in the stipulation.
All third-party actions shall be commenced on or before_____________.
Page 15 | (9) Impleaders
All interrogatories must be served by the case-specific date entered in the stipulation.
All Interrogatories shall be served on or before ______________.
Page 15 | (7) Demands for Discovery and Inspection
Defense counsel must file a stipulation or statement of discontinuance within 30 days after any required discontinuance payment or, if no payment is required, within 30 days of the discontinuance.
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 15 | (10) Confidentiality/Non-Disclosure Agreement
An Order to Show Cause filed through NYSCEF is generally reviewed by the Court on the next business day.
Generally, an Order to Show Cause filed via NYSCEF is reviewed by the Court the business day after filing.
Page 4 | MOTION PRACTICE RULES
Cross-motions do not avoid the 60-day deadline for summary judgment motions.
Counsel are cautioned that untimely motions cannot be made timely by denominating such as cross-motions.
Page 5 | E. Motions for Summary Judgment
Service and Proof of Service Rules
A party requesting a conference adjournment may upload the request to NYSCEF but must also email it to the Part Clerk with notice to all other parties.
While a party may upload to NYSCEF a request for an adjournment by selecting NYSCEF document type “Adjournment of Conference-Request,” the party must also e-mail the adjournment request to the Part Clerk on notice to all other parties.
Page 3 | CONFERENCES
E-filing parties must serve hard copies on non-NYSCEF participants and electronically file proof of that service.
E-filing parties shall serve documents in hard copy on parties who have not recorded their participation in NYSCEF and shall e-file proof of such service.
Page 6 | K. Motion Decisions and Orders
If the parties cannot agree on a verdict sheet, each party must prepare a proposed verdict sheet and serve it on every other party.
If agreement cannot be reached, each party shall present a proposed verdict sheet which shall be served upon all other parties.
Page 9 | N. Verdict Sheet
Demands for discovery and inspection must be served by the stated deadline.
c. Demands for Discovery and Inspection (CPLR §3120) shall be served on or before______________________.
Page 14 | Other Disclosure
Responses to discovery and inspection demands must be served no later than the stated period after receipt of the opposing party’s demands.
d. All responses to Discovery and Inspection demands shall be served no later than ____________after receipt of the opposing party’s demands.
Page 14 | Other Disclosure
The deposition transcript must be delivered to the deposed party within 45 days and thereafter returned duly executed.
d. The transcript of an examination before trial shall be delivered to the party deposed within forty-five (45) days of the deposition, and shall be returned, duly executed thereafter pursuant to CPLR 3116 (a).
Page 14 | Depositions
By the stated deadline, all parties must exchange witness names and addresses, opposing-party statements, and photographs, or state in writing that no statements or photographs exist.
a. On or before_______________, all parties shall exchange names and addresses of all witnesses, and shall exchange statements of opposing parties and photographs, or if none, shall so state in writing.
Page 14 | Other Disclosure
Copies of physicians’ medical reports must be served on all parties at least 20 days before the physical examination.
b. Pursuant to 22 NYCRR §202.17(b), at least 20 days before such examination, copies of medical reports of physicians shall be served upon all parties.
Page 14 | Physical Examinations
Supplemental discovery demands may be served only for items that could not reasonably have been demanded previously and must be served at least 20 days before the disclosure deadline, or 25 days before the 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 Demand(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 15 | (7) Demands for Discovery and Inspection
Responses to supplemental demands must comply with CPLR § 3120, while objections must be raised early enough to leave time for 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 15 | (7) Demands for Discovery and Inspection
All interrogatories must be served by the case-specific date entered in the stipulation, and responses must comply with CPLR § 3133.
All Interrogatories shall be served on or before ______________. Responses shall be served in conformity with CPLR §3133.
Page 15 | (7) Demands for Discovery and Inspection
Plaintiff must serve the Note of Issue and Certificate of Readiness on any NYSCEF-opted-out party within 20 days after entry of the order and file proof of that service through NYSCEF.
(3) NOTE OF ISSUE IF PARTY HAS OPTED OUT OF NYSCEF: Plaintiff shall also serve a copy of the Note of Issue and Certificate of Readiness within twenty (20) days of entry of this Trial Readiness Order upon any party who has opted out of NYSCEF, and shall file proof of service thereof via NYSCEF; and
Page 19 | TRIAL READINESS STIPULATION & ORDER
Summary-judgment motions, cross-motions, opposition papers, and reply papers must be mailed to an NYSCEF-opted-out party within the prescribed deadlines, with an affidavit of service uploaded to NYSCEF.
(5) SUMMARY JUDGMENT MOTIONS IF PARTY HAS OPTED OUT OF NYSCEF: If a party has opted out of NYSCEF, a copy of any motion(s) or cross-motion(s) for summary judgment, opposition papers, reply papers must be served upon that party by mail within the prescribed time periods and an affidavit of such service shall be uploaded to NYSCEF.
Page 19 | TRIAL READINESS STIPULATION & ORDER
Summary-judgment motions and cross-motions must be served through NYSCEF within 60 days after the Note of Issue is filed there.
(4) SUMMARY JUDGMENT MOTIONS: Any motion(s) or cross-motion(s) for summary judgment by any party must be served via NYSCEF within sixty (60) days following the filing of the Note of Issue on NYSCEF; opposition papers must be served via NYSCEF within 30 days of service of motion papers; and reply papers, if any, must be served via NYSCEF within 10 days following service of any opposition papers; and
Page 19 | TRIAL READINESS STIPULATION & ORDER
Plaintiff must serve the Note of Issue and Certificate of Readiness through NYSCEF within 20 days after entry of the order.
(2) NOTE OF ISSUE: Plaintiff shall serve and file a Note of Issue and Certificate of Readiness via NYSCEF within twenty (20) days of entry of this Trial Readiness Stipulation and Order. Failure to file a note of issue within 90 days may result in dismissal of your case; and
Page 19 | TRIAL READINESS STIPULATION & ORDER
Service directions in a court decision supplement rather than replace the service requirements stated in the rules.
Parties are reminded to pay particular attention to any directions for service contained in a decision issued by the Court, which are in addition to, and not in place of, the directions in the Rules below.
Page 6 | K. Motion Decisions and Orders
Filing Fees and Waivers
Any required filing fee for an Order to Show Cause must be paid at the County Clerk’s Office before submission for signature.
An Order to Show Cause submitted for signature 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 4 | MOTION PRACTICE RULES
Courtesy Copy Requirements
Working copies are generally unnecessary unless the Court directs otherwise.
Working copies are not required unless otherwise directed.
Page 6 | J. Working Copies
Pre-Motion Conference Requirements
Discovery-related motions, including discovery-based dismissal motions and cross-motions, may not be filed until a pre-motion conference has been requested and held, and the parties must confer in good faith before requesting the conference.
No discovery-related motion (including a motion to dismiss predicated upon a discovery violation and including any discovery cross-motion) may be interposed and e-filed until a pre- motion conference has been requested and held. The parties are expected to confer in good faith prior to requesting a pre-motion conference.
Page 2 | CONFERENCES
Attorneys must contact the Preliminary Conference Part by email or telephone conference call and confer with the court in good faith before filing a deposition-related motion.
b. Attorneys seeking rulings on objections or making application for any other relief pertaining to the depositions shall communicate with the Preliminary Conference Part by email or telephone 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 14 | Depositions
Unless the Court directs otherwise, motions are decided on written submission without an appearance.
Unless otherwise advised by the Court, all motions are by submission only.
Page 4 | MOTION PRACTICE RULES
When required, the Court will hold a Temporary Restraining Order conference at a date and time selected by the Court.
A conference on the request for a Temporary Restraining Order, if required, will be conducted by the Court at a date and time set by the Court.
Page 4 | MOTION PRACTICE RULES
Adjournment & Extension Requirements
An adjournment request must be made in writing at least two business days before the return date and with notice to all parties.
Any request for an adjournment may be made in writing least two business days prior to the return date, on notice to all parties.
Page 5 | F. Motion Adjournments
The Part will not honor a stipulation to adjourn a motion.
No stipulation to adjourn a motion will be honored by this Part.
Page 5 | F. Motion Adjournments
A motion’s return date may be adjourned no more than three times and for no more than 60 days in total.
Pursuant to the Westchester Supreme Court Civil Case Management Rules, the Motion Support Office requires that 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 times and such return date may not be adjourned for more than a total of sixty days.
Page 5 | F. Motion Adjournments
The Part will not accept a stipulation extending the summary judgment motion deadline.
No stipulations to extend the deadline to file a motion for summary judgment will be accepted by this Part.
Page 5 | E. Motions for Summary Judgment
Requests to adjourn pending motions must be filed with the Motion Support Office rather than submitted to the Part.
This Part cannot accept requests for adjournments of any pending motions. The parties must file requests for adjournments in the Motion Support Office.
Page 5 | F. Motion Adjournments
A deposition must continue to completion unless the court orders an adjournment or all parties agree that the adjournment will not delay or impede performance or enforcement of the stipulation.
c. Once begun, a deposition shall continue until completed and shall not be adjourned without further order of 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 14 | Depositions
No time directive in the stipulation may be adjourned without court permission.
No adjournments of any time directive above shall be permitted without the permission of the Court.
Page 16 | Stipulation
When practicable, an adjournment request should be submitted at least two business days before the conference, identify two alternative dates, and propose dates no later than 120 days before the discovery cutoff in the preliminary conference order.
When practicable, the request for an adjournment shall be made at least two (2) business days before the scheduled conference and shall include two (2) proposed alterative dates for rescheduling the conference, which dates shall be no later than one hundred twenty (120) days prior to the last day of discovery set forth in the preliminary conference order.
Page 3 | CONFERENCES
An adjournment of a compliance conference requires a showing of good cause.
Adjournments of compliance conferences shall be granted upon a showing of good cause (22 NYCRR 202.10).
Page 3 | CONFERENCES
The parties must appear at the originally scheduled conference unless the IAS Part Clerk confirms that it has been rescheduled.
Unless the parties receive confirmation from the IAS Part Clerk that a conference has been rescheduled, the parties shall appear for the conference as originally scheduled.
Page 3 | CONFERENCES
Chambers Communication Rules
Applications to extend a discovery deadline must be made as soon as practicable and before the deadline expires, by email to the Secretary with notice to all parties.
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) by email to the Secretary on notice to all parties.
Page 2 | CONFERENCES
The party must email the correspondence to the Part Clerk and provide notice to all other parties.
The party must also e-mail the correspondence to the Part Clerk on notice to all other parties.
Page 2 | GENERAL RULES
The parties must notify the Court whenever a case settles while a motion is pending.
The parties MUST advise the Court if a case settles while a motion is pending.
Page 4 | MOTION PRACTICE RULES
Questions about scheduling or adjourning motion appearances must be directed to the Part Clerk.
Any questions about scheduling appearances on the motion, if any, or adjourning appearances must be directed to the Part Clerk.
Page 4 | MOTION PRACTICE RULES
A party seeking more immediate review of an Order to Show Cause should contact the Principal Law Clerk or Secretary after filing.
If a submission requires more immediate attention, please contact the Principal Law Clerk or Secretary after the Order to Show Cause is filed.
Page 4 | MOTION PRACTICE RULES
A request for an appearance on a motion's return date should be emailed to the Part Clerk, and a granted request will be communicated to all parties by Court Notice.
A request to appear before the Court on the return date should be e-mailed to the Part Clerk and if granted, a Court Notice will be sent to all parties.
Page 4 | MOTION PRACTICE RULES
A party who wants to appear virtually must e-mail the request to the Park Clerk.
If a party desires to appear virtually, the request must be e- mailed to the Park Clerk.
Page 4 | MOTION PRACTICE RULES
Email is an available means of seeking a determination from the Preliminary Conference Part on deposition-related objections or relief.
b. Attorneys seeking rulings on objections or making application for any other relief pertaining to the depositions shall communicate with the Preliminary Conference Part by email or telephone 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 14 | Depositions
Counsel may email the Court Secretary to request assistance in settling a case.
Counsel may also e-mail the Secretary, if during the course of the case, counsel believes that this Court can be of assistance in settling a case.
Page 3 | Settlement Conferences
The Motion Support Office provides an email address and telephone number for contact information.
Motion Support Office contact: Steven Kelner, Motion Support Clerk, 8th floor; Email: MotionSupportWestchester@nycourts.gov; Phone: (914) 824-5343.
Page 5 | F. Motion Adjournments
Questions about whether a motion should be placed on notice should be directed to the Part Clerk.
have any questions about whether your motion should be on notice, please contact the Part Clerk.
Page 5 | E. Motions for Summary Judgment
In non-NYSCEF matters or when a party has opted out of NYSCEF, the form may be submitted by email to BMulgrew@nycourts.gov.
This form may be uploaded to NYSCEF. In non-NYSCEF matters, or where a party has opted out of NYSCEF, it may be sent by email to BMulgrew@nycourts.gov.