Hon. Mark Partnow: Part Rules IAS Part 43 / Foreclosure Part FRP2

360 Adams Street, Brooklyn, NY 11201
Chambers Room 451
347-296-1542
Courtroom 441
347-296-1656

Principal Law Clerk: Yevgeniy Kats, Esq.
E-mail: YKats@nycourts.gov
Assistant Law Clerk: Andie Altchiler 
E-mail: AAltchiler@nycourts.gov
Part Clerk: Gina MacDougall
E-mail: Gmacdoug@nycourts.gov


Due to the ongoing Covid-19 pandemic, the following rules shall apply to all motions and orders to show cause until further notice:

 

There shall be NO in-person appearances in Part 43 or FRP-2 on any motions until further notice. All Part 43 and FRP-2 motions will be taken on submission. If the Court requires oral argument on any motion(s), the Court will contact the parties to schedule oral argument.

All motion papers, opposition papers, reply papers, and memoranda of law must be filed electronically, using NYSCEF or by mail if the action is not e-filed.
 
One of the following must be submitted, by e-mail to all three (3) e-mail addresses listed above at least one (1) day before the return date of the motion(s):
1.    A letter or stipulation withdrawing the motion(s); 
2.    A stipulation seeking an adjournment together with a briefing schedule;
3.    A stipulation stating that the motion is fully briefed and is being submitted on the return date; 
4.    If the parties do not agree to stipulate to an adjournment and an adjournment is being sought, an e-mail must be sent to the Court and the other parties explaining the need for an adjournment. Adjournment requests will be decided by the Court in its sole discretion; or
5.    An e-mail must be sent by the movant explaining why one of the above cannot be submitted. The Court may grant a motion on default, mark it fully submitted, mark the motion off the calendar or adjourn the motion if one of the above is not received at least one (1) day before the return date. 

 All submissions must also include the following contact information, if available, for the parties:
1.    Name
2.    Party you represent or if you are appearing pro-se (self-represented)
3.    Address
4.    Telephone Number 
5.    Email Address

Important Information for the Moving Party:
•    The moving party must mail a letter to all parties or their attorney notifying them of the return date of the motion(s) along with a copy of the most current Part Rules at the time the letter is sent. An affidavit of such service must be e-mailed to the Court at least five (5) days before the virtual return date of the motion to all three e-mail addresses listed above. 

Please note that the Part rules may be frequently amended due to the ongoing pandemic and newly executed Administrative Orders. Therefore, you should check that the Part rules you are reading have not been further amended.

All foreclosure motions must include a copy of a proposed order resembling the sample orders promulgated by the Chief Administrative Judge of the Courts, if applicable. Motions without such order may be denied for failing to comply with this rule. 
 


 

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