Hon. Carl Landicino: Part 81, 5C, and ADR-COMM Rules

IAS Part 81
Matrimonial Part 5C
Commercial Alternative Dispute Resolution Settlement Part (ADR-COMM)

Effective March 15, 2021

Contact Information

COVID-19 Notice

Microsoft Teams

Courtesy Copies/Submissions to the Court

Motions

Conference Requests

How to submit Stipulation

Motions involving unrepresented litigants

Motion Oral Argument (MOA) Calendar

Motion Day Frequently Asked Questions (FAQ)

Compromise Applications

Part 5C (Matrimonial Part)

ADR-Commercial Conferences/Settlement Part

 

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.

Part 81 Team:
KSCCVPART81@nycourts.gov

Principal Law Clerk:
Stephen S. Burzio, Esq.
sburzio@nycourts.gov

Assistant Law Clerk:
Christopher Foderingham-Garraway
cfgarraw@nycourts.gov

Part Clerk:
Nicole Jones
njones@nycourts.gov

360 Adams Street
Brooklyn, New York 11201
Courtroom 738
Chambers Room 942
Courtroom Telephone No.: 347 296-1599
Chambers Telephone No.: 347 296-1560
Chamber Fax No.: 212-618-5265

COVID-19 Notice

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

ALL CONFERENCES AND MOTIONS SHALL BE CONDUCTED VIRTUALLY UNLESS OTHERWISE INDICATED. 

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

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 the 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 KSCCVPART81@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.

Motions

Part 81 motions are heard on Wednesday.

There shall be NO personal appearance for the calendar, until further notice.

EFFECTIVE FROM MOTION DAY APRIL 14, 2021
In the event that you have a case on the regular motion calendar, the parties MUST submit a stipulation indicating how you would like to proceed on the motion appearance, AT LEAST TWO WORKING DAYS BEFORE THE MOTION IS SCHEDULED.  If the Court does not receive a timely stipulation and the matter has been on the general motion calendar more than thrice, the matter may be marked off the calendar.

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

1.    A stipulation applying for adjournment.  

2.    A stipulation indicating how the motion was resolved;

3.    A stipulation withdrawing the motion;

4.    A stipulation requesting an oral argument date (see section entitled “Motion Oral Argument (MOA) Calendar” below for further details).

Requests for adjournment will be automatically granted on the first time on. Thereafter, only on good cause shown.

Conference Requests

If there is an issue that cannot be expressed to the court by way of stipulation, you must request a conference with the Principal Law Clerk (sburzio@nycourts.gov), by way of email.  Your email should briefly outline the nature of your issue.  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. 

How to Submit your Stipulations

Stipulations shall be filed through NYSCEF and emailed to Part 81 at KSCCVPART81@nycourts.gov.  If your action does not participate in NYSCEF, copies of stipulations shall be emailed to Part 81.  Please be advised that all communication to chambers must be on notice to your adversary.  This Court will not engage in ex-parte communication.

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 adjourned 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 adjourned 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 the event that 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 adjourned date.

Motion Oral Argument (MOA) Calendar

Please be advised that video conferences will automatically be scheduled for ONLY those cases that are on the Motion Oral Argument (MOA) calendar.

Oral argument is required on all fully briefed motions.

Oral arguments are heard on Wednesdays 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 81 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 sequence number to be addressed;

2.    The motion(s) are fully briefed;

3.    All moving and responsive papers are filed; 

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

5.    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.

This information is required to facilitate scheduling.  Please note, 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.

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

Motion Day Frequently Asked Questions (FAQ)

1.    How is the Court conducting video conferences?
The Court has transitioned to the Microsoft Teams video conference platform.  All video conferences will be conducted via Microsoft Teams.

2.    My motion is on the calendar today.  Why didn’t chambers send a Microsoft Teams link?
On motion day, video conferences are scheduled ONLY for the cases that are on the Motion Oral Argument (MOA) calendar for that day.  The Court issues an order scheduling your conference prior to the motion day AFTER receipt of the necessary information.

3.    I submitted a stipulation requesting MOA.  Why wasn’t my motion scheduled on the MOA calendar?
There are multiple potential reasons for this.  First, it is possible that the Court did not receive your stipulation in a timely fashion.  Stipulations and requests for conferences MUST be filed and sent two working days before motion day.  Since not all filings appear in the NYSCEF system immediately, court staff must check the docket for each case on the motion calendar.  When stipulations are untimely filed court staff may not see it and you risk your motion being marked off the calendar.

4.    Why is direct contact information required?
The Court requires direct contact information for the parties appearing before it because court staff needs to be able to communicate directly with the individual appearing before the Court if there is a technical difficulty or other emergency situation.

If the Court is unable to reach the individual appearing within 10 minutes of the start time, the Court may adjourn the matter, take the motion as a default of appearance, or mark the motion off the calendar.

5.    When is oral argument required?
The Court has oral argument for all fully briefed motions.  If the motion is unopposed, you may submit a proposed order, in Microsoft Word format, by email to the Part 81 Team email address at KSCCVPART81@nycourts.gov, on notice to all parties, by 2:00 p.m. on the motion’s return date.

If you have an inquiry that is NOT addressed within these rules, please contact chambers by phone or email KSCCVPART81@nycourts.gov.

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 emailed to KSCCVPART81@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 and receipt of supporting papers have been waived.  All such waivers must be in writing and provided to the court.  The waiver must state 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 and communication in support of the application.

3.    Upon submission of all required documents, a Hearing will be scheduled and conducted remotely by way of Microsoft Teams, based on the Court’s discretion.  Counsel for plaintiffs must appear at the hearings with their clients.  Any requests for adjournments must be made to chambers staff.

4.    Requests for interpreter services must be made prior to 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, including guardian and adversary consent.

Please Note: Failure to timely and fully respond to the Court's request for additional/supplemental documentation may result in the application being rejected. Upon rejection, any further application must be pursuant to a new application. 

PART 5C (Matrimonial Part)

Part 5C adopts the Uniform Matrimonial Rules, Supreme Court, Kings County.

Any applications for an adjournment must be made to chambers by email to KSCCVPART81@nycourts.gov including all attorneys. Please include the index number in the subject heading.  If an adjourn date is consented to, a filed stipulation must be emailed to chambers at least one day prior to the scheduled appearance.  All adjournments are subject to final approval by the Judge.

Counsel are reminded to always have their client present for appearances unless previously excused or unless an adjournment has been granted. Appearances will be virtual until further notice.  At this time, there will be no personal appearances.

ADR-COMMERCIAL Conferences/Settlement

In furtherance of the Chief Judge's mandate for the Court to provide the parties an opportunity to resolve, in part or in whole, their dispute, the Court will be available to the parties in order to achieve this mandate and its mission. Cooperation, respect of your adversary, and the submission of relevant information to the Court is essential. 

All settlement conferences will be initially scheduled by the Court or by party request and conducted virtually. At least 10 days prior to the conference the parties e-file the following:

(1)     Marked Pleadings.
(2)     A one-page, non-confidential, summary of the issues and nature of the proceedings, including the current status of the matter.
(3)     Any decision(s) and/or Order(s) on the substantive issues in the case, that have been previously entered. 

There shall be no adjournments without Court approval, on good cause shown.