Calendar 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 Clerk: Kristen Borruso - [email protected]
Secretary: Dawn Valentino - [email protected]
Updated: November 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.
ALL CONFERENCES AND MOTIONS SHALL BE CONDUCTED VIRTUALLY FOR PART 63, PART 76J AND MMTRP. MOTION ARGUMENT LINKS WILL BE SENT OUT THE DAY BEFORE OR MORNING OF THE MOTION RETURN DATE.
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.
If there is an emergency and you need a conference on a non-discovery matter, please email [email protected], [email protected] and [email protected]. 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 [email protected], [email protected] and [email protected].
If motions have been adjourned more than three times, a letter must be emailed to [email protected], [email protected] and [email protected] explaining the reasons for the request for adjournment. All parties must be included in the email. The adjournment is not automatically granted so please make sure to follow up on the request prior to the motion 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 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 COURTS 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
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. 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 only be adjourned for good cause shown upon 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. Requests for adjournments of motions or conferences shall be made via a signed stip from all parties, if possible. The Stip shall be emailed to [email protected], [email protected] and [email protected]. Applications for adjournments must include the case name, index number and date and time of the conference/hearing.
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
COURTESY COPIES OF MOTION PAPERS SHOULD NOT BE DELIVERED TO COURT UNLESS EXPLICITLY DIRECTED.
E-FILED PAPERS
COURTESY COPIES OF MOTION PAPERS SHOULD NOT BE DELIVERED TO COURT UNLESS EXPLICITLY DIRECTED.
IF ORDERS/STIPS TO BE SIGNED ARE E-FILED, YOU MUST ALSO EMAIL THE ORDERS/STIPS TO CHAMBERS.
COMPROMISE ORDERS
All compromise orders must be emailed to chambers to [email protected], [email protected] and [email protected].
For infant compromise hearings, the Court will contact the attorney to set up a virtual hearing.
MOTIONS
SUMMARY JUDGMENT MOTIONS
SUMMARY JUDGMENT MOTIONS MUST BE MADE WITHIN NINETY (90) DAYS OF THE FILING OF THE NOTE OF ISSUE.
NON-EFILED MOTIONS
If a case cannot be converted to E-file, and your motion is on the calendar, all motion papers and exhibits must be emailed as PDFs to [email protected], [email protected] and [email protected].
MOTION LIMITS
All exhibits for motions shall be limited to 25 pages, unless court approval is received for an extension.
For non-efiled cases, 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.
Any orders/stips to be signed must be emailed to chambers, not just uploaded to NYSCEF.