Hon. Richard Velasquez: Part Rules 66

Updated: May 9, 2024

EFFECTIVE APRIL 20, 2022 PART 66 WILL REQUIRE IN PERSON APPEARANCES FOR ALL MATTERS SCHEDULED IN PART 66. THIS COURT DOES NOT ACCEPT COURTESY COPIES DO NOT SEND COURTESY COPIES TO THIS COURT. PARTIS ARE ENCOURAGED TO EFILE ALL CASES.

INQUIRIES

DO NOT CALL OR EMAIL CHAMBERS. PURSUANT TO NEW YORK STATE RULES OF PROFESSIONAL CONDUCT, RULE 3.5, THE BAR IS REMINDED THAT EX-PARTE COMMUNICATIONS WITH THE COURT IS PROHIBITED. Do not call chambers to ask a substantive and/or procedural legal question or request information on a case. Chambers staff is not permitted to provide guidance or advice to attorneys or litigants. Inquiries regarding scheduling, the entry of orders, or case status, receipt of motion papers should be directed to the courtroom, never to chambers. The courtroom Part Court Clerk Ms. Gina Campbell can be reached at 347-296-1118. DO NOT EMAIL OR CALL CHAMBERS with these questions.  Letter writing campaigns to the court will not be entertained.

MOTION CALENDARS

PART 66 HAS TWO CALENDARS A GENERAL CALENDAR AND AN ORAL ARGUMENT CALENDAR.

DEFAULTS: BOTH MOTION CALENDARS ARE SUBJECT TO UNIFORM RULE 202.27. An action may be dismissed, or judgment entered, for the failure of a party to appear, or a motion denied upon the failure of a movant to appear on the return date. Vacatur of the Court’s order would then require both a reasonable excuse for the nonappearance and a showing of merit. Defaults may be entered on second call.

ORDERS: IF PARTIES ARE DIRECTED TO SUBMIT A SHORT FORM ORDER THEY MUST DO SO BEFORE LEAVING THE COURTROOM THAT DAY. FAILURE TO SUBMIT AN ORDER BEFORE LEAVING THE COURTROOM WILL RESULT IN NO ORDER BEING SIGNED AND THE MATTER WILL BE ADJOURNED TO THE NEXT AVAILABLE MOTION DATE. 

GENERAL MOTION CALENDAR: 1st call is at 9:45am, 2nd Call is at 10:45am

• General motion calendar is heard every Wednesday.
• Motions on the general motion calendar may be adjourned, settled or withdrawn.
• Motions on the general motion calendar will NOT be taken on submission.
• Settlements, adjournments or withdrawals, shall be filed appropriately, E-FILED and if your case is not e-file they can be emailed to the part email [email protected]. All settlements, adjournments or withdrawals must be received by 11:00 A.M. on the Monday before the motion calendar date. All correspondence must be on notice to all parties.
• Upon a motion being fully briefed the parties may make, an application to put it on the oral argument calendar on the next available date. No oral argument will be heard on the day of the application to place a motion on the oral argument calendar.
• PARTIES MAY STIPULATE TO PUT A FULLY BRIEFED MOTION ON THE ORAL ARGUMENT CALENDAR. The court will schedule the oral argument for the next available date. This stipulation must say the motion is fully briefed and put on for the next available oral argument date and MUST BE RECEIVED BY THE COURT THE MONDAY BEFORE THE MOTION CALENDAR DATE. If the parties stipulate to put the motion on the oral argument calendar, they do not have to appear for the general calendar call. If the motion is not fully briefed the stipulation will be rejected and the parties must appear for the general calendar call. 

ORAL ARGUMENT CALENDAR: 1st Call is at 10:00am, 2nd Call is at 10:45

• Oral argument calendar is heard every Wednesday
• Adjournment requests for motions on the oral argument calendar will not be entertained. If there is an emergency, you may call the part clerk at 347-296-1118, they will contact chambers and the Judge will make a determination on the request.

PARTIES WHO HAVE ANSWERED “READY” MUST REMAIN IN THE COURTROOM. IF YOU LEAVE FOR ANY REASON, YOU MUST INFORM THE COURT CLERK OF YOUR WHEREABOUTS AND A NUMBER TO REACH YOU AT PRIOR TO LEAVING THE COURTROOM. COUNSEL IS ADVISED THAT IF A MOTION HAS BEEN MARKED READY AND NO ONE APPEARS TO ARGUE THE MOTION WHEN IT IS CALLED TO BE HEARD, A DEFAULT MAY BE TAKEN AGAINST THE PARTY WHO ANSWERED READY AND THEN FAILED TO APPEAR.

ORDERS TO SHOW CAUSE WILL BE HEARD ON THE RETURN DATE THEY ARE SCHEDULED

• All orders to show cause and special proceeding motion papers, answering affidavits MUST be served on adversaries as per CPLR §403(b) which prescribes the timing requirements for notice of the hearing and service of responsive papers in the special proceeding.
• All Orders to Show Cause, Special proceedings and Motions scheduled before this court are governed by CPLR §403 & §103
• If parties agree to an adjournment, they must appear and write an order stating the specific reason they are adjourning the matter since it is supposed to be an emergency.

DEFAULT JUDGMENTS

• If a party is seeking a default judgment, they MUST bring a copy of the affidavit of service for each defaulting party to the general calendar call. The order will not be signed if there is no affidavit of service for the court to review and the matter will be adjourned to the next calendar date.

SETTLEMENT CONFERENCES:

• This Court will entertain requests for Settlement Conferences. Requests for Settlement Conferences may be made by calling the Part Clerk at 347-296-1118 all applications must be on notice to all parties.

SUBPOENAS:

• All subpoenas must be noticed to have all papers sent to the Subpoena Records, Room 648. Subpoenas that are not submitted to the Subpoena Records Room will not be entertained. Subpoenas must comply with the CPLR. Subpoenas will not be signed unless the records are going to the subpoena record room.

COMPROMISE APPLICATIONS:

• All infant compromise applications MUST be emailed to chambers at [email protected]. You must email the petition and all supporting papers to the email above if you fail to do so it will be rejected.
• Hearings will be scheduled by the Court upon submission of all required documents. Any adjournments must be obtained through chambers.
• Infant Compromise petitions must comply with CPLR §1208
• Upon submission of all required documents, a Hearing will be scheduled and conducted virtually via Microsoft Teams.  Counsel for plaintiffs must appear at the hearings with their clients.  Adjournments must be obtained through chambers.
• Requests for interpreter services must be made before the date of scheduling the hearing.