Hon. Ellen M. Spodek: Part Rules

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 - kborruso@nycourts.gov


TEMPORARY RULES:

**IN CONSIDERATION OF THE COVID-19 PANDEMIC, THE FOLLOWING RULES SHALL TAKE EFFECT UNTIL FURTHER NOTICE: 

ALL CONFERENCES AND MOTIONS SHALL BE CONDUCTED VIRTUALLY FOR PART 63, PART 76J, AND MMTRP UNLESS OTHERWISE INDICATED.

If there is an emergency and you need a conference, please email espodek@nycourts.gov and kborruso@nycourts.gov. Please include in your email the names and email addresses of everyone who will participate in the conference, along with the Index Number and Case Name. Conferences will not be granted for discovery issues on Part 63 cases.  

Requests for adjournments of motions or conferences shall be made via a signed stip from all parties. The stip shall be emailed to espodek@nycourts.gov and kborruso@nycourts.gov.

If motions have been adjourned more than three times, a letter must be emailed to espodek@nycourts.gov and kborruso@nycourts.gov explaining the reasons for the request for adjournment.  All parties must be included in the email.

The adjournment may not be granted so please make sure to follow up on the request prior to the motion date.

If your case is a non-efiled case, and your motion is on the calendar, all motion papers and exhibits must be emailed as PDFs to espodek@nycourts.gov and kborruso@nycourts.gov.

If no opposition is filed to a motion on the calendar, the motion may be granted on default.

Infant Compromise/Death Compromise Orders: Until further notice, please email proposed orders to espodek@nycourts.gov and kborruso@nycourts.gov.

For infant compromises, the Court will contact the attorney to set up a virtual hearing.   

 


 

CALENDAR RULES PART 63 AND MMTRP: 

MOTIONS WILL GENERALLY BE HEARD ON TUESDAYS
ORAL ARGUMENT IS REQUIRED ON ALL MOTIONS

Revised July 2021

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.

CALENDAR CALLS – In Person

  • 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 FAXED OR EMAILED TO CHAMBERS (contact chambers to insure fax 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 or faxed to chambers, or on the calendar call on the return date. If a stipulation is faxed to chambers, contact chambers to ensure 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 fax or 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.  

 



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