Hon. Katherine Levine: Part 92 Rules

360 Adams Street
Courtroom Room Number: 541
Chambers Room Number: 1066
Chambers Telephone Number: (347) 404-9636

Principal Law Clerk: Tehilah Berman Kahan, Esq.
Secretary to Judge: David Gold
Court Clerk: Christopher Deerr

Please be advised that Justice Katherine A. Levine has issued the following rules for Part 92 to be followed for the foreseeable future. Please also note that these rules may change once the courts resume full operations, including in-person appearances:  

  1. The Court will first address all motions that were scheduled to be heard, prior to the shutdown, from the end of March through the end of June 2020. The Clerk’s Office will be scheduling these motions to be heard on Tuesday and Wednesday mornings and afternoons. This schedule may change after the summer to all day Wednesday and Friday mornings. Once the backlog of motions has been eliminated, the Court will commence hearing new motions. The only exception to this rule is for motions which concern an emergency situation that must be addressed immediately. Arguments concerning whether to grant this second adjournment shall be emailed to my Principal Law Clerk Tehilah Berman Kahan at tkahan@nycourts.gov (347) 404-9635. 
  2. All motions currently returnable may be adjourned on consent of the parties.   The Court will allow two adjournments as of right unless a party objecting to the second adjournment shows that he or she will suffer immediate injury or harm.  For e filed cases, please e-file the stipulation of adjournment and email a courtesy copy and or the objection to the second adjournment to Ms. Berman Kahan at her email and to my secretary David Gold at dgold@nycourts.gov (347) 404-9636. For non-e-filed cases, please also email a copy of the stipulation of adjournment. Under no circumstances shall the court devote motion dates to hearing objections about adjournments.
  3. The Court hopes to replicate its protocol in City Motion Part via video-conference. To that end, for cases that are fully briefed and ready for submission, the Court requests that the parties confer before the motion date to resolve the issues. If the case is resolved please send the stipulation or proposed order via email to Ms. Berman Kahan. For those motions that are fully briefed and ready for oral argument, please notify Mr. Gold and Ms. Berman Kahan, via email, five days prior to the adjourned hearing date. Please also include your phone numbers in the email. At the scheduled time the Court will conduct a video conference via skype to be arranged by Mr. Gold. As per the Court’s protocol, the parties shall have their papers tabbed and ready to be shown to the court via video conference. The Court will only consider the MOST PERTINENT AND DETERMINATIVE ISSUES raised in the motions. Please also have citations available for the governing cases on these issues. 
  4. If the case can be resolved during the video conference, the parties shall draw up a proposed order and send it to Ms. Kahan and Mr. Gold via email. If the Court cannot resolve the case, it will either take it under submission and/or request further briefing and oral argument.  
  5. While working copies of motion papers are not required at the present, the court may request courtesy copies of all papers if the case is submitted after oral argument. When court functions fully resume and in-person court operations recommence, the court will reinstate its requirement of submitting working copies and copies of all pertinent cases.
  6. All appearances as required by the Part Rules are suspended until further notice.
  7. Any pending jury and bench trials assigned to Justice Levine are currently adjourned sine die. Counselors should email Mr. Gold to reschedule the trial no later than 60 days after the lifting of New York PAUSE as applicable to New York City.