Hon. Francois A. Rivera: Part 52 Rules

Principal Law Clerk: BetseyJean-Jacques, Esq. (bjjacque@nycourts.gov)
Secretary: Michelle Lemmonds (milperez@nycourts.gov)
Part Clerk: Yvette Williams (ywilliam@nycourts.gov)

360 Adams Street
Brooklyn, New York 11201
Courtroom Telephone No.: 347-296-1618
Chambers Telephone No.: 347-296-1524


DUE TO THE COVID-19 PANDEMIC, THE FOLLOWING RULES SHALL TAKE EFFECT IMMEDIATELY UNTIL FURTHER NOTICE: 

ALL CONFERENCES AND HEARINGS SHALL BE CONDUCTED VIRTUALLY VIA MICROSOFT TEAMS UNLESS OTHERWISE INDICATED BY THE COURT. 

THE PART 52 MOTION CALENDAR SHALL BE HELD VIRTUALLY VIA MICROSOFT TEAMS ON THURSDAYS.   

A LINK WILL BE SENT TO THE PARTIES AT LEAST ONE DAY PRIOR TO THE APPEARANCE DATE.

 

GENERAL MOTION CALENDAR 

Appearances: There shall be NO personal appearances for the motion calendar, until further notice. 

Filing of Papers: All motion papers must be filed electronically through the New York State Court Electronic Filing system, hereinafter NYSCEF, or where the action does not participate in NYSCEF, by mail to the Motion Support Office, 360 Adams Street, Room 227, and NOT to the Court’s chambers.  Motion papers, answering affidavits, and reply affidavits must be served on the parties in accordance with CPLR § 2214 or the most recent Administrative Order, unless otherwise stipulated or ordered.   

Calendaring of Motions: Upon receipt of a motion, the motion will be placed on the Court’s motion calendar (“the motion calendar date”) but not necessarily on the return date specified in the Notice of Motion.  Part 52 motions shall be calendared every Thursday.  

Adjournments on Consent: The parties may request an adjournment by written stipulation e-filed in the NYSCEF system no less than two (2) business days before the motion calendar date. 

Contested Adjournments:  A party seeking an adjournment, not on the consent of all parties must e-file the request for an adjournment no less than three (3) business days before the motion calendar date. Those who oppose the adjournment must file their opposition at least one (1) business day before the motion calendar day. These submissions must include the reasons for or against the request for an adjournment. If the adjournment is granted the parties will be notified by Order e-filed in the NYSCEF system. 

Non E-Filed cases: For non E-filed cases use the “Questions/Inquiry” process described below. 

 

SUBMISSION RULES 

Any party wishing to withdraw a motion must notify the Court through NYSCEF at least three (3) business days before the motion calendar date.   

If the parties have resolved the motion pursuant to stipulation, a copy of the stipulation must be sent to the Court through NYSCEF at least one (1) business day before the motion calendar date. If the parties wish to have the stipulation so ordered, they must advise the Court using the “Questions/Inquiry process” detailed below with a copy of the proposed So-Ordered stipulation annexed as an attachment to the email inquiry. 

 

ORAL ARGUMENT  

All motions shall be orally argued on the record.   

 

QUESTIONS/INQUIRIES 

All inquiries must be emailed to Michelle Lemmonds, the Judge’s Secretary at milperez@nycourts.gov.  In the subject line of the email, please write in capital letters the word “INQUIRY” and after the word Inquiry write the “INDEX NUMBER” of the case. You must copy the email to all parties involved in the case.  In the body of your email please include the full caption with the names and contact information for all parties.  Chambers will respond to all emails within three (3) business days.    

  

 

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