360 Adams Street
Brooklyn, New York 11201
Chambers: (347) 401-9312: Room 1158
Courtroom: (347) 296-1620: Room 725
Fax: (212) 618-7905
Email:
Law Secretary: Kristen Borruso - [email protected]
Secretary: Dawn Valentino - [email protected]
Updated: May 2024
PART 63 MOTIONS WILL GENERALLY BE HEARD ON TUESDAYS MMTRP MOTIONS WILL GENERALLY BE HEARD ON THURSDAYS ORAL ARGUMENT IS REQUIRED ON ALL MOTIONS
All discovery matters are handled in the Discovery Part. They can be reached at: PC/Intake (347) 296-1592; CCP (347) 296-1626; FCP (347) 401-9054.
CALENDARS
Hearings, arguments, and conferences on matters determined by the Court to require attention that cannot effectively be given on regular calendar days will be scheduled as convenient to the Court, counsel, and others affected. The Court invites counsel to contact chambers, preferably prior to the scheduled calendar date, to request a rescheduling for this purpose.
UNTIL FURTHER NOTICE THERE ARE NO IN PERSON CONFERENCES/MOTIONS. ALL CONFERENCES/MOTIONS WILL BE HEARD VIRTUALLY. MOTION ARGUMENT LINKS WILL BE SENT OUT THE DAY BEFORE THE MOTION RETURN DATE.
CALENDAR CALLS – (NOT IN EFFECT UNTIL FURTHER NOTICE)
PART 63: Check-in begins at 9:30 am. Motions and conferences will be heard as they are ready, beginning at 9:30 am. There will be one calendar call at 11:00 am. Attorneys must be present for the calendar call, regardless of whether you checked in previously. If your case is called and you are not present you may be defaulted.
MMTRP: Check-in begins at 9:30 am. Motions and conferences will be heard as they are ready, beginning at 9:30 am. There is no calendar call for MMTRP.
DEFAULTS
Pursuant to Uniform Rule § 202.27, the Court has discretion in addressing a calendar default. When appropriate, among other possible sanctions, an action might be dismissed, or judgment entered, for the failure of a party to appear for a conference or hearing, or a motion denied upon the failure of a movant to appear on the return date. VACATUR OF THE COURT=S ORDER WITHIN 48 HOURS, WITH A SIGNED STIPULATION BY ALL PARTIES AND EMAILED TO CHAMBERS (contact chambers to ensure stip was received and accepted). In the usual case, however, the first and only nonappearance of a movant will result in a "mark-off."
ADJOURNMENTS
Motions
Disclosure-related motions will not be adjourned, unless there are extraordinary circumstances shown on application to the Court. The issues raised by the motion will be resolved by agreement or Court resolution on the return date.
Dispositive motions, including motions for dismissal or summary judgment, and other substantive motions may be adjourned once on consent of all parties, with a schedule for remaining briefing. Application for such adjournment may be made before the return date by stipulation emailed to chambers, or on the calendar call on the return date. If a stipulation is emailed to chambers, contact chambers to insure it was received and approved by the Judge.
Conferences/Hearings
Conferences and hearings will not be adjourned, except for good cause shown on application to the Court. Conferences may not be adjourned more than once, unless there are extraordinary circumstances. Even on adjournment, the parties will be expected to address as many open matters as possible. Application for an adjournment may be made before the scheduled conference or hearing date by email to chambers with copies to all sides, showing good cause or extraordinary circumstances, as the case may be, as well as issues resolved, and the consent of all parties.
NOTE OF ISSUE DATE
The Court will not “so order” a stipulation to extend the note of issue on a Part 63 case. Any requests for extension of a note of issue for a Part 63 case must be made to CCP.
RULES REGARDING SERVICE OF PAPERS TO THE COURT
UNTIL FURTHER NOTICE COURTESY COPIES OF MOTION PAPERS SHOULD NOT BE DELIVERED TO COURT UNLESS EXPLICITLY DIRECTED
Only courtesy copies of motions, answering papers and proposed orders to be heard by Judge Spodek in either Part 63 or MMTRP shall be delivered to the courtroom.
Courtesy copies of all Motion Papers, Answering Papers and Proposed Orders being heard by Judge Spodek shall be submitted to the courtroom the day that the motion will be heard, or no more than 5 days before the return date of the motion. Courtesy copies must have exhibits tabbed.
E-FILED
UNTIL FURTHER NOTICE COURTESY COPIES OF MOTION PAPERS SHOULD NOT BE DELIVERED TO COURT UNLESS EXPLICITLY DIRECTED
All courtesy copies shall have the NYSCEF CONFIRMATION NOTICE attached. Courtesy copies of all E-Filed motion papers, answering papers and proposed orders, to be heard by Judge Spodek only, shall be submitted to the courtroom the day that the motion will be heard, or no more than 5 days before the return date of the motion. Courtesy copies shall have exhibits tabbed.
COMPROMISE ORDERS
UNTIL FURTHER NOTICE, COMPROMISE ORDERS MUST BE EMAILED TO CHAMBERS.
Courtesy copies of all infant compromise and death compromise orders shall be provided directly to chambers.
SUMMARY JUDGMENT MOTIONS
Summary Judgment motions must be made within ninety (90) days of the filing of the Note of Issue.
MOTION LIMITS
All exhibits for motions shall be limited to 25 pages. Any exhibits beyond 25 pages shall be provided to the Court digitally, either by disc or USB. Expert Affirmations/Affidavits must be tabbed and placed as the FIRST exhibit following the Attorney Affirmation.
ORDERS/STIPULATIONS
The Court’s signature line must not appear on a page with no other writing. 