Hon. Pamela L. Fisher: Rules IAS Part 94

360 Adams Street, Courtroom 525
Brooklyn, NY 11201

Principal Law Clerk: Danielle N. Menendez, Esq.
Assistant Law Clerk: Sydney Schein
Part Clerk: Paul Federico

Chambers Telephone No.: 347-296-1859
Courtroom Telephone No.: 347-404-9651
Fax No.: 212-618-2145

 

Part 94

EFF. IMMEDIATELY AND UNTIL FURTHER NOTICE THERE WILL BE NO PERSONAL APPEARANCE FOR THE GENERAL MOTION CALENDAR.

GENERAL MOTION CALENDAR

  • General motion calendar is heard every Wednesday. 
  • Cross motions must be filed with Motion Support, courtesy copies filed with the part clerk, room 525, one week prior to the return date. 
  • Motions on the general motion calendar may be adjourned on consent of the parties (to any Part 94 motion date).
  • Motions on the general motion calendar may be adjourned, settled or withdrawn. 
  • Motions on the general motion calendar may NOT be submitted. 
  • Settlements, adjournments or withdrawals, shall be filed appropriately and courtesy copies must be sent to Sydney Schein at sschein@nycourts.gov or by fax at 212-618-2145. All settlements, adjournments or withdrawals must be sent by 11:00 A.M. on the motion calendar day. All correspondence must be on notice to all parties. 
  • If one or more parties is ready to proceed on a motion, an application may be made to put it on the oral argument calendar on the next available date. No oral argument will be heard on the day of the application to place a motion on the oral argument calendar. 
  • An application for oral argument may be made via email to Danielle Menendez at Dmenend@nycourts.gov or by fax at 212-618-2145. Applications must be on notice to all parties.
  • If one or more parties request oral argument, or the Court schedules an appearance, the parties must provide the Court with the phone numbers and email addresses for all parties prior to the scheduled oral argument date. 

ORAL ARGUMENT CALENDAR

  • Oral argument dates will be scheduled by the Court.
  • All appearances will be conducted via skype for business or by teleconference. If you are unable to proceed virtually, you must notify the court at the time you are requesting oral argument. 
  • Counsel is required to provide the court with courtesy copies of the motions and opposition including all supporting papers and exhibits at least one week prior to the oral argument date. Courtesy copies may be filed with the part clerk, room 525. WORKING COPIES ARE REQUIRED FOR ALL MOTIONS. Papers handed up on the date of oral arguments may not be considered. 
  • All necessary documents shall be annexed (see CPLR § 2214(c)).
  • Voluminous papers should be bound in volumes that are no more than 2 inches high.
  • Exhibit tabs are required on all papers filed with the Court. 
  • Adjournments for motions on the oral argument calendar are on application to the Court, even if the parties’ consent, and will only be granted for good cause shown. 

TRIALS

  • The Court will conference every case when it is assigned for Trial. Counsel shall inform the Court of any schedule conflicts and the need for an interpreter.
  • At the initial conference, counsel must submit marked pleadings and any motions in limine to the Law Clerk.
  • All parties must be present in court by 10:00 A.M. unless otherwise scheduled by the Court. 
  • Prior to the trial, counsel must submit to the Court copies of any deposition testimony that will be offered into evidence.
  • All exhibits must be pre-marked by the part clerk before trial begins. 
  • All proposed jury charges and proposed verdict sheets shall be submitted to the Court in typed form at the commencement of the trial.
  • Subpoenaed records for trial must be sent to “New York State Supreme Court, Kings County, Subpoenaed Records, 360 Adams Street, Brooklyn, New York 11201.” Trial authorizations should be filled out accordingly. It is the responsibility of the attorneys to ensure that the subpoenaed records have arrived in the records room before trial.
  • Any evidence remaining in the courtroom at the conclusion of trial will be disposed of after 5 days.

INFANT COMPROMISE

  • The applicant must comply with the requirements of CPLR §§1207 and 1208 and Uniform Rule §202.67. After the petition is reviewed in chambers, a hearing will be scheduled by the Court upon a finding that the proposed order and all relevant documents are satisfactory. If necessary, chambers will send an email/letter of instruction to request revisions and/or missing documents. 
  • All submissions must be indexed with protruding labeled exhibit tabs. Working copies are required for e-filed petitions.
  • Pursuant to 22 NYCRR 202.5(e)(2), the Court requires that the infant-petitioner’s full name and date of birth appear in the order. Questions or concerns on this matter may be addressed to chambers.
  • In lieu of a motion or a special proceeding as provided in CPLR §1207, all parties to the action may stipulate that all remaining parties (other than the applicant) have waived service of the notice of and appearance at the hearing and notice of the papers in support of the application.
  • Additionally, all submissions shall include either a letter offering the proposed settlement amount or a stipulation of the parties reflecting same.

NO EX-PARTE COMMUNICATIONS WILL BE ENTERTAINED.