Hon. Lara J. Genovesi: Part Rules IAS Part 34

Part Rules
IAS Part 34

Effective November 18, 2020

Contact Information

COVID-19 Notice

Virtual Courtroom

Microsoft Teams

Courtesy Copies/Submissions to the Court

PART 34 MOTIONS

INSTRUCTIONS ON HOW TO APPEAR REMOTELY ON THE REGULAR PART 34 CALENDAR

CONFERENCE REQUEST

HOW TO SUBMIT YOUR STIPULATIONS

MOTIONS INVOLVING UNREPRESENTED LITIGANTS

PART 34 MOTION ORAL ARGUMENT (MOA) CALENDAR

Motion Day Frequently Asked Questions (FAQs)

COMPROMISE APPLICATIONS



CONTACT INFORMATION

PLEASE BE REMINDED THAT THIS COURT WILL NOT ENGAGE IN EX-PARTE COMMUNICATION. UNLESS YOUR INQUIRY IS PROCEDURAL, ALL COMMUNICATION TO THE COURT MUST BE ON NOTICE TO YOUR ADVERSARY.

Virtual Part 34 Courtroom: KSCCVPART34@nycourts.gov

Principal Law Clerk: Brittany N. Mazzatto, Esq., bmazzatt@nycourts.gov

Assistant Law Clerk: TBA

Part Clerk: Peter Tuohy, ptuohy@nycourts.gov

360 Adams Street
Brooklyn, New York 11201
Chambers Room 1177E
Courtroom 424

Courtroom Telephone No.: 347-401-9250
Chambers Telephone No.: 347-401-9970
Chambers Facsimile No.: 212-618-2175

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COVID-19 NOTICE

**IN CONSIDERATION OF THE COVID-19 PANDEMIC, THE FOLLOWING RULES SHALL TAKE EFFECT UNTIL FURTHER NOTICE:

ALL CONFERENCES AND MOTION ARGUMENTS SHALL BE CONDUCTED VIRTUALLY UNLESS OTHERWISE INDICATED.

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VIRTUAL COURTROOM

The virtual courtroom, KSCCVPART34, can be accessed by e-mail at KSCCVPART34@nycourts.gov. Conferences and motion oral arguments will be scheduled on the KSCCVPART34 virtual courtroom calendar.

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MICROSOFT TEAMS

The Unified Court System has transitioned to Microsoft Teams as a virtual conference platform. You can find more information about virtual court appearances and Microsoft Teams at: https://portal.nycourts.gov/knowledgebase/article/KA-01070

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COURTESY COPIES/SUBMISSIONS TO THE COURT

All motion papers must be filed electronically through NYSCEF. The court is no longer accepting physical courtesy copies of e-filed motion and responsive papers.

Where the action does not participate in NYSCEF, all moving and responsive papers must be sent to the court by mail to the Motion Support Office, at 360 Adams Street, Room 227. Courtesy copies MUST be sent by e-mail in PDF format to the virtual courtroom at KSCCVPART34@nycourts.gov. Please identify the motion sequence number when sending courtesy copies of moving or responsive papers.

Motion papers, answering affidavits, and reply affidavits must be served in accordance with CPLR § 2214 or the most recent Administrative Order unless otherwise stipulated or ordered.

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PART 34 MOTIONS

The Part 34 motion calendar is heard every Wednesday and is split into the regular Part 34 calendar and the Part 34 Motion Oral Argument (MOA) calendar.

There shall be NO personal appearance, until further notice. Microsoft Teams invitations are automatically generated by chambers staff and sent by e-mail for MOA cases, ONLY.

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INSTRUCTIONS ON HOW TO APPEAR REMOTELY ON THE REGULAR PART 34 CALENDAR

If you have a case on the regular motion calendar, counsel/litigants MUST advise the court on how the parties would like to proceed on the motion appearance.

**Effective November 18, 2020, if the movant fails to appear remotely, the motion will be marked off of the calendar.

For example, the court typically would receive one of the following four, fully executed stipulations:

1. A stipulation with an application for adjournment.

Requests for adjournment will be automatically granted on the first and second appearance. Administrative adjournments due to the Covid-19 court closure will not be held against counsel.

2. A stipulation stating that the motion has been resolved;

3. A stipulation withdrawing the motion;

4. A stipulation stating that the motion is fully briefed and ready to be heard.

Oral argument is required on all opposed motions (see section entitled “Part 34 Motion Oral Argument (MOA) Calendar” below for further details).
If the motion is NOT opposed, counsel may state in the stipulation that the motion is unopposed and should be marked submitted. Oral argument is NOT required on unopposed motions. You may also inform the court by e-mailing the virtual courtroom KSCCVPART34@nycourts.gov, on notice to all adversaries, and accompanied by a proposed order in Microsoft Word format.

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CONFERENCE REQUEST

If there is an issue that cannot be expressed to the court by way of stipulation, counsel may request a conference with the Principal Law Clerk by way of e-mailing the virtual courtroom (KSCCVPART34@nycourts.gov), on notice to all parties. When requesting a conference, please include the name, preferred e-mail address, and direct telephone number of the appearing party. Counsel, please indicate who you represent. A Microsoft Teams invitation will follow to the contact information provided.

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HOW TO SUBMIT YOUR STIPULATIONS

Stipulations shall be filed through NYSCEF. In the event that your action does not participate in NYSCEF, copies of stipulations shall be emailed to the virtual courtroom KSCCVPART34@nycourts.gov.

 

Please be reminded that all communication to chambers must be on notice to your adversary. This Court will not engage in ex-parte communication.

Where the action does not participate in NYSCEF, stipulations may also be faxed to chambers (212-618-2175).

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MOTIONS INVOLVING UNREPRESENTED LITIGANTS

Motions involving a self-represented litigant, motions for a default judgment against a non-appearing party, or motions to be relieved as counsel will not be heard on default of the unrepresented party, unless the movant files proof that the party was notified of the adjourn date, informed that personal appearance is NOT required due to the Covid-19 pandemic and provided with instructions on how to appear remotely.
Where the movant appears on the adjourn date, but the unrepresented party does not, this Court will, as a courtesy, adjourn the motion and schedule a Microsoft Teams meeting for the adjourn date. The Microsoft Teams meeting will also have a dial-in telephone number, in case the litigant does not have access to Microsoft Teams or the internet. This information will be memorialized in a court order, which counsel must serve on the litigant. Proof of service must be filed prior to the adjourn date.

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PART 34 MOTION ORAL ARGUMENT (MOA) CALENDAR

Oral arguments are heard every Wednesday and shall be conducted virtually, until further notice.

Upon receipt of a fully executed stipulation requesting oral argument, the motions will be adjourned to the Part 34 MOA calendar, by separate order. The motion(s) will be calendared, and a Microsoft Teams invitation will be forwarded by e-mail.

There shall be no adjournments of motions on the oral argument calendar, even on consent, unless good cause is shown.

Stipulations requesting an oral argument date must indicate the following:

1. The motion(s) are fully briefed;

2. All moving and responsive papers are filed;

3. The motion(s) are ready for oral argument.

4. Contact information for all participating parties.
a. Name;
b. Direct telephone number; and
c. Preferred e-mail address of the person who will be virtually appearing for argument.

Please note that this contact information is important as it is required to facilitate accurate and prompt scheduling. This direct telephone number should be to the location where you are remotely working. In the event of technical difficulty, the court must be able to reach you.

If your stipulation fails to include this contact information, a video conference cannot be timely scheduled, your stipulation may be rejected and your motion(s) may be adjourned for resubmission of a fully executed stipulation.

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MOTION DAY FREQUENTLY ASKED QUESTIONS (FAQs)

1. How is the Court conducting video conferences?
The court has transitioned from Skype for Business to Microsoft Teams as a video conference platform. All future video conferences will be conducted on Microsoft Teams

2. My motion is on the calendar today. Why didn’t chambers send a Microsoft Teams link?
On motion day, video conferences will automatically be set up for ONLY those cases that are on the Motion Oral Argument (MOA) calendar, where a conference was requested, or where the matter involves an unrepresented litigant.

3. I submitted a stipulation requesting MOA. Why wasn’t my motion scheduled on the MOA calendar?
There could be multiple reasons for this. First, it is possible that the court did not timely receive your stipulation. Stipulations and requests for conferences MUST be filed/sent by 9:00 a.m. on the motion return date. As not filings make it on the NYSCEF “To-Do List”, court staff must now check the NYSCEF docket for each and every case on the motion calendar. When stipulations are filed late, there is a chance that court staff will not see it prior to their run through the calendar and you risk your motion being marked off the calendar

Further, stipulations requesting oral argument that do not contain the required contact information will be rejected, and the motion will be adjourned. It is impossible for court staff to promptly and accurately schedule Virtual Conferences when this contact information is not provided.

4. Why is direct contact information required?
In addition to the preferred e-mail of counsel who plans to appear, this Court requires the DIRECT telephone number to your work location. This could be the direct line to your office OR to your remote work location. The reason we require this information is that 8 times out of 10, there are technical difficulties experienced by one participant in a virtual conference. In the event you experience technical difficulties, the court must be able to promptly reach you by telephone and continue the conference/argument.
If the court cannot promptly reach you, there is a risk that the entire time allotted for your case will have expired, and the court may have to adjourn. It is very likely that there another case is scheduled for a time certain after yours. It would be unfair for the court to start the next motion/conference late because of your technical difficulties.

5. When is oral argument required?
Oral argument is required on all fully briefed motions. If the motion is unopposed, you may submit a proposed order, in Microsoft word format by way of e-mail to KSCCVPART34@nycourts.gov on notice to all adversaries, by 2:00 p.m. on the motion return date.

If you have an inquiry that is NOT addressed in the part rules, you may call chambers or e-mail bmazzatt@nycourts.gov. As the court has been inundated with e-mails, chambers can no longer address inquiries that are outlined herein.

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COMPROMISE APPLICATIONS

1. Applications for compromise orders must be filed electronically through NYSCEF or where the action does not participate in NYSCEF, by mail to the Motion Support Office, at 360 Adams Street, Room 227. Courtesy copies should be e-mailed to the virtual courtroom KSCCVPART34@nycourts.gov.

2. Defense counsel must be noticed on all applications and documents submitted to the court and must appear at the hearing unless their appearance was waived. Where defendants waive their appearance at the compromise hearing, it must be in writing and provided to the court.

3. Upon submission of all required documents, a Hearing will be scheduled and conducted remotely by way of Microsoft Teams. Counsel for plaintiffs must appear at the hearings with their clients. Adjournments must be obtained through chambers.

4. Requests for interpreter services must be made before the date of scheduling.

5. Infant compromise petitions must comply with CPLR §1208. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances or defaults in appearances. Further, the affirmation must include a detailed description of the accident and an adequate statement regarding liability. The infant’s medical reports, a physician affirmation, a settlement letter, and an affirmation of no liens are required with the submissions. If any portion of the settlement is structured, the cost of the annuity must be stated in the order.

6. Any supplemental submissions must be appropriately filed.

7. If a compromise order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final compromise order.

8. Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

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