Hon. Kathy J. King: Part 64 and 76K Rules

Courtroom Room Number: 974
Courtroom Telephone Number: (347) 296-1435

Chambers Room Number: 1050E
Chamber Telephone Number: (347) 401-9186
Chambers Fax Number: (212) 884-8977

Principal Law Clerk: Xavier E. Carr, Esq.
Personal Secretary: Blerina Bako





1. Motions shall be heard on every other Wednesday of every month (except for legal holidays commencing September 20, 2017) The first call of the calendar is at 9:45 A.M. The second call is at 10:45 A.M. Hearings, arguments, and conferences on matters requiring attention that cannot effectively be given during the regular calendar call will be scheduled on Wednesday afternoons, or as otherwise directed by the Court.

2. All motions require appearances and oral arguments, unless the Court has been notified in advance that the matter has been settled, discontinued, dismissed or otherwise disposed of. Attorneys appearing before the Court must have knowledge of the pending motion and underlying case. Failure of the movant to appear on a motion will result in the motion being marked off upon the second call of the calendar.

3. Motion papers, answering affidavits and reply affidavits must be served on adversaries pursuant to the CPLR. Unless authorized by the Court, sur-replys shall not be accepted.

4. Courtesy copies for the Court’s review shall be submitted to the Motion Part Office no later than one week prior to the return date of the motion.

5. Courtesy copies of all E-filed motion papers shall have the NYSCEF Confirmation Notice attached together with supporting papers and exhibits.


Failure of the non-moving party to appear will result in the motion being granted on default.


Motions may be adjourned twice upon consent of all parties. Stipulations of adjournment shall include a briefing schedule, if applicable, and will be accepted only if signed by all parties and E-filed with a copy submitted to Motion Support at least two (2) business days prior to the return date of the motion. Adjournment applications which are not made prior to the return date shall require an appearance before the Court. Motions that have been on the calendar for more than two (2) times require Court approval.


1. All parties must be present in court by 9:30 A.M. unless otherwise scheduled with the Court.

2. Upon assignment to the Part 64 for trial, the parties shall furnish to the Court marked pleadings, witness lists and request an interpreter, as needed.

3. Exhibits. Counsel shall pre-mark all exhibits. Plaintiffs shall number exhibits and defendants shall letter exhibits. On the day of trial, the exhibits and the list will be given to the Court Clerk who will officially mark them before trial. It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room.

4. Witnesses. Counsel shall provide to the Court a witnesses list.

5. Motions in Limine. Upon assignment to the part, any evidentiary, procedural or substantive law questions shall be addressed by way of a written or oral motion in limine.

6. Depositions. A copy of depositions intended to be used at trial should be furnished to the Court at the commencement of the trial.

7. Proposed Jury Charges and Verdict Sheets. All proposed jury charges and proposed verdict sheets shall be submitted to the Court and shall be emailed to the Court (bbako@nycourts.gov) in editable text format such as WordPerfect or MS Word (.doc) format.




1. Motions, hearings, and status conferences shall be heard every other Wednesday unless otherwise directed by the Court. The calendar call shall be held at 2:30 P.M.

2. All matters require appearances unless otherwise directed by the Court.

3. Applications for adjournments upon good cause shown shall be made by email, on notice to all parties, to bbako@nycourts.gov, at least two business days prior to the return date.

back to top