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 August 10, 2022

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

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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:        Brian Brantley
                                         bbrantley@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

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Courtesy Copies / Submissions to the Court

All motion papers must be filed electronically through NYSCEF. In relation to any papers relating to motions, including Orders Show to Cause, the party filing same must identify the correct motion sequence number. The court is no longer accepting physical courtesy copies of e-filed motion and responsive papers. Any and all subpoenas to be signed by Justice Landicino are also to be filed electronically through NYSCEF or they will not be addressed. 

Where the action does not participate in NYSCEF, all moving and responsive papers must be filed with the court in person or 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 the CPLR and the most recent Administrative Order unless otherwise stipulated or ordered.

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Motions

Part 81 motions are heard on Wednesday.

EFFECTIVE STARTING MOTION DAY August 10, 2022

Please be advised that beginning Wednesday, August 10, 2022 oral argument for Motions on the Motion Oral Argument (MOA) calendar will be IN PERSON and will be scheduled for either 9:30 a.m. session calendar or 2:30 p.m. session calendar.

First call for oral argument in the morning is at 9:45 a.m. Second call is at 10:30 a.m.

First call for oral argument in the afternoon is 2:45 p.m. Second call is at 3:30 p.m. 

Attorneys for all parties with knowledge of the case and the motion(s) must be present.

Oral argument is required on all motions.

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 with explanation of good cause for the adjournment and the matter has been on the general motion calendar more than twice, the matter may be marked off the calendar.  If a motion has been marked off, the parties may stipulate the motion back onto the calendar, or in the alternative, make a motion to restore the motion.  Motions not scheduled on the Motion Oral Argument (MOA) calendar will, until further notice, continue to not require in person appearances.

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

  1. A stipulation requesting the adjournment with good cause shown.
  2. A stipulation indicating how the motion was resolved.
  3. A stipulation withdrawing the motion; (In the event that the action has been discontinued, please specify in the stipulation of discontinuance or other stipulation that all motion(s) outstanding are withdrawn.)
  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.

The Court does not require the submission of Statements of Material Fact pursuant to N.Y. Ct. R. 22-202.8-g.

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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. All communications must be on notice to all appearing parties.

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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 adversaries.  This Court will not engage in ex-parte communication.

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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, in accordance and together with the Court’s Order setting the matter down for oral argument, if any.

Where the movant appears on the adjourn date, after the motion has been scheduled on the Motion Oral Argument (MOA) calendar, but the unrepresented party does not, this Court, as a courtesy, may adjourn the motion and schedule an adjourn date. This information will be memorialized in a court order, which counsel will serve on the litigant. Proof of service in relation to all service made must be filed prior to the adjourned date. Failure to file same timely may result in the motion being denied or adjourned.

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Motion Oral Argument (MOA) Calendar

Please be advised that beginning Wednesday, August 10, 2022 oral argument for Motions on the Motion Oral Argument (MOA) calendar will be IN PERSON and will be scheduled for either 9:30 a.m. or 2:30 p.m.

First call for oral argument in the morning is at 9:45 a.m. Second call is at 10:30 a.m.

First call for oral argument in the afternoon is 2:45 p.m. Second call is at 3:30 p.m.

Oral argument is required on all fully briefed motions.

Upon receipt of a fully executed stipulation requesting oral argument, the motions will be adjourned to the Part 81 MOA calendar, by separate order. In the alternative, a letter may be e-filed requesting oral argument explaining why a stipulation is not obtainable.

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

Stipulations (signed by all appearing parties) 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.
    • Name; 
    • Direct telephone number; and 
    • Preferred e-mail address of the handling attorney.

This information is required to facilitate scheduling.  Please note, this direct telephone number should be to the location where you are remotely working, if applicable.  The court must be able to contact you.

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

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Motion Day Frequently Asked Questions (FAQ)

1.    Is oral argument in person?

Yes, the Court has transitioned back to in person appearances for various types of matters. On motion day, oral argument is 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. Motions are scheduled either for 9:30 a.m. or 2:30 p.m. in the Courtroom (738). 

2.    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 the day it appears on the General Motion calendar.  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. Contact chambers or the courtroom if you believe your oral argument date has not been scheduled.

3.    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.

4.    When is oral argument required?
The Court has oral argument for all fully briefed motions.  If the motion (other than default judgment motions and motions to be relieved as counsel) is unopposed or resolved by stipulation, you may submit a proposed order, in Microsoft Word format, by email to the Part 81 Team email address at KSCCVPART81@nycourts.gov and filed on NYSCEF, on notice to all parties, by 2:00 p.m. on the date the motion is scheduled on the General Motion Calendar.

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

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Compromise Applications (CPLR 1200 et seq.)

  1. Applications for compromise orders must be filed electronically through NYSCEF or where the action does not participate in NYSCEF, by filing in person in 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 any conferences and any hearing, unless their appearance and receipt of supporting papers has 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 all communication in support of the application.
  3. Upon submission of all required documents, a Hearing will be scheduled and conducted in person.  Counsel for plaintiffs must appear at the hearings with their clients (guardians, infants, etc.).  Any requests for adjournments must be made to chambers staff.
  4. Requests for interpreter services must be made at least one week 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 and damages.  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, together with a broker’s affidavit.
  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 any partial settlement must be detailed and explained 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, on notice.

Please Note: Failure to timely and fully respond to the Court=s request for additional/supplemental documentation in support may result in the application being dismissed. In the event the application is dismissed any further application must be pursuant to a new application.

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Confidentiality Orders / Stipulations

Any applications for the Court to sign such orders/stipulations must comply with NYCRR 202.70, Rule 11(g). 

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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 in person unless otherwise permitted by the Judge.

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ADR-COMMERCIAL Conferences / Settlement Part

In furtherance of the mandate of the Chief Judge that the Court is 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 satisfy this mandate and achieve its mission. Cooperation, respect of your adversary and the parties and the submission of relevant information to the Court is essential. These conferences will take place via Microsoft Teams video conferences until further notice. 

All settlement conferences will be initially scheduled by referral to the Court from a Commercial Part Justice. At least 10 days prior to the conference the parties shall 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.