Hon. Lisa S. Ottley: Part Rules

24/LSO 76
Principal Law Clerk: Lola Oguntunde-Waterman, Esq.
Courtroom: 479
Court Room Tel.: 347-296-1225
Chambers Tel.: 347-296-1473


MOTIONS & PETITIONS TO APPOINT A GUARDIAN

  • All petitions and motions on Guardianship matters shall be heard Mondays (afternoons only) through Thursdays, unless otherwise scheduled by the Court by an Order to Show Cause.
  • All counsel MUST appear for all calendared matters unless specifically excused.
  • Applications for adjournments upon good cause shown, shall be made by email, on notice to all parties, to cnlewis@nycourts.gov, at least two (2) business days prior to the return date.
  • Applications for an adjournment must be by stipulation and signed by all parties, the court evaluator and approved by the Court prior to the hearing date.
  • All stipulations of adjournment must indicate whether the Alleged Incapacitated Person will suffer any harm as a result of the adjournment.
  • Affidavits of Service for Orders to Show Cause shall be filed in the Guardianship Clerk’s Office (Room 285) two (2) days prior to the return date.
  • Court Evaluator Reports shall be filed in the Clerk’s office and emailed to chambers (cnlewis@nycourts.gov) at least two (2) days prior to the return date.
  • All responsive papers shall be filed two (2) days prior to the return date.
  • All Orders and Judgments shall be served by the petitioner on all counsel, guardian(s) and the Court Examiner within ten (10) days of the date of decision.
  • Telephone call regarding orders and procedures are to be directed to the Guardianship Office at (347) 296-1757.
  • Any calls regarding legal issues or emergencies may be directed to chambers at (347) 296-1473.
  • Any request for attorney’s fees must be accompanied by a detailed affirmation of services with an itemized billing sheet, hourly rate(s), and total number of hours, and must be approved by the Court prior to any payment being made. 
  • All appointed guardians must seek the court’s prior approval before retaining counsel on any matter, unless the Order and Judgment expressly waives same.
  • Cross-petitions shall be served on all the parties and filed in the Clerk’s office at least seven (7) days prior to the return date.
  • All Notices of Appearance must be filed in the Clerk’s office before the return date. 

FINAL ACCOUNT

  • Final Accounts must be filed in the form of one consolidated accounting, from the date of the last judicially settled account and may not be submitted in the form of multiple annual accounts.
  • All Motions to Settle Final Accounts must have the following attachments: (1) a Referee’s Report (unless waived), (2) a proposed Order Settling the Final Account (in a separate legal back), and (3) the Affirmation(s) of Legal Services, if the moving attorney is requesting fees.
  • Guardians and/or attorneys responsible for preparing and filing a Discharge Order may not access any commissions or fees due him/her pursuant to the Order Settling the Final Account, until the Discharge Order, in proper form and complying with all provisions of the Order Settling the Final Account, is filed with copies of canceled checks, receipts, and/or affidavits, is signed by the Court, and confirmed by the Court/Presiding Judge.

COMPLIANCE CONFERENCES

  • Compliance conferences shall be held on Fridays at 10 A.M.
  • Guardians who are directed to appear for a compliance conference in the appointing order and judgment and have complied by filing the oath/designation/bond and obtaining the Commission must call (347) 296-1225 to advise the court of their compliance.
  • All other guardians/parties who have received a compliance order shall appear on the referenced date and time.

MOTIONS/PETITIONS (Part 24)

  • All Motions/Petitions shall be heard on Mondays at 10:00 AM, second call at 10:30 AM.
  • Absolutely NO ex-parte communication will be entertained.
  • The moving party shall provide the Court with a valid e-mail address and/or fax number. Exceptions will be made for Self-Represented litigants and those who do not own or have access to a computer or an e-mail account.
  • Stipulations for adjournments must be delivered to the Clerk of the Part two (2) days prior to the return date. The party requesting the adjournment is responsible for delivery of the stipulation.
  • Unless a stipulation for adjournment is submitted two (2) days prior, all requests for adjournments shall be made in person on the return date. No adjournments will be granted by telephone on the date the case appears on the calendar.
  • Request for oral argument on the appearance date must be clearly indicated on the Notice of Motion or Order to Show Cause.
  • Affidavits of Service for Orders to Show Cause shall be filed in the Clerk’s Office two (2) days prior to the return date.
  • Motions for Summary Judgment: All motions for summary judgment must be served and filed within 120 days of the filing of the Note of Issue. If an extension of time to file is authorized by the court, the Attorney’s Affirmation/Pro se litigant’s Affidavit must clearly reflect the extension date and attach a copy of the order granting the extension.
  • Motions to Reargue/Renew: All motions to reargue or renew must include an exhibit with all papers submitted on the original motion and a copy of the court’s decision. Failure to comply with these requirements, may result in the denial of the motion.
  • Decisions/Orders: Any party wishing to receive a courtesy copy of a decision, must submit a postage stamped self-addressed envelope with the motion papers/application.

GENERAL

  • Stipulations for adjournments must be delivered to the Clerk of the Part at least two (2) days prior to the return date.
  • Unless a stipulation for adjournment is submitted two (2) days prior, all requests for adjournments shall be made in person on the return date. No adjournments will be granted by telephone on the date the case appears on the calendar.
  • All motions must be submitted to the Clerk’s Office at least fourteen (14) days prior to the return date.
  • All responsive papers shall be filed seven (7) days prior to the return date.
  • All pages must be properly numbered and legible.
  • All attachments/annexations must be properly labeled with an Exhibit Tab and legible.
  • Any application for TEMPORARY INJUNCTIVE RELIEF must be in compliance with 22 NYCRR §202.7(f).
  • Notice to the party against whom the TRO is sought must contain (1) date, (2) place and (3) a one-hour period of time in which the application will be made.
  • Attorneys making the application for the TRO must appear during the noticed time regardless of whether the application is being opposed.
  • Interpreters: Requests for Court Interpreter Services must be made to the judge and the Part Clerk on the day the trial is assigned to the Part, or two weeks before the hearing is scheduled.
  • Calls regarding the motion calendar should be directed to the courtroom, NOT Chambers.
  • The Court’s signature line MUST NOT appear on a page with no writing.
  • In general, all written applications must be timely submitted. A Proposed Order for the relief requested shall be attached in a separate legal back.

E-FILING

  • All E-Filings must be accompanied with a courtesy copy on the date of appearance.

DEFAULTS

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

 

 

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