Hon. Carolyn E. Wade: Part 84 Rules

Principal Law Clerk: Turquoise Haskin, Esq. (thaskin@nycourts.gov)

Assistant Law Clerk: Kwok Kei Ng, Esq. (kng@nycourts.gov)

Part Clerk: Danielle Beckett (dbeckett@nycourts.gov) or any other clerks assigned

360 Adams Street
Brooklyn, New York 11201
Courtroom: 423

Courtroom Telephone No.: 347-296-1612
Chambers Telephone No.: 347-401-9372
Chambers Facsimile No.: 212-618-5097

 

CIVIL TERM - PART 84

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

ALL CONFERENCES AND MOTIONS SHALL BE CONDUCTED VIRTUALLY BY MICROSOFT TEAMS OR TELECONFERENCE UNLESS OTHERWISE INDICATED. 

PART 84 MOTION CALENDAR: PART 84 MOTION CALENDAR:
Beginning in January 2021, Part 84’s motion calendar will be heard every Wednesday.  Note that the motions that are ready for oral argument can be scheduled by the Court for any date of the week, as further discussed below.

There shall be NO personal appearance for the calendar, until further notice.

All motion papers must be filed electronically through NYSCEF or where the action does not participate in NYSCEF, by mail to the Motion Support Office, at 360 Adams Street, Room 227 and by email to the Principal Law Clerk at thaskin@nycourts.gov and the Assistant Law Clerk at kng@nycourts.gov.  Motion papers, answering affidavits, and reply affidavits must be served in accordance with CPLR § 2214 or the most recent Administrative Order unless otherwise stipulated or ordered.  

All motions are to be submitted with proposed orders.  The Court’s signature line must not appear on a page with no writing.

On or before your motion date, the court must receive one of the following four, fully executed stipulations: 
1.    A stipulation with an application for adjournment.  
2.    A stipulation stating how the motion has been resolved;
3.    A stipulation withdrawing the motion;
4.    A stipulation requesting an oral argument date. 

Stipulations shall be filed through NYSCEF AND emailed to the Principal Law Clerk at thaskin@nycourts.gov and the Assistant Law Clerk at kng@nycourts.gov.  Please be advised that no e-mail communications should be sent to the Part Clerk.  This Court will not engage in ex-parte communications, and all communications to chambers must be on notice to your adversary.  

If there is an issue that does not fall within the four above categories, you may request a conference with the Principal Law Clerk and the Assistant Law Clerk.  When requesting a conference, please include the name, preferred e-mail address, and direct telephone number of the appearing party.  Counsel, please indicate who you represent.   

Stipulations and requests for conferences MUST be sent by 9:00 a.m. on the motion return date. 

Please be advised that conferences will automatically be set up for ONLY those cases that are on the Motion Oral Argument (MOA) calendar. 

PART 84 MOTION ORAL ARGUMENT (MOA) CALENDAR:
Oral arguments are heard on weekdays and shall be conducted virtually by teleconference OR Microsoft Teams, until further notice. 

Upon receipt of a fully executed stipulation requesting oral argument, the motions will be adjourned to the Part 84 MOA calendar.  The motion(s) will be calendared, and a conference invitation will be sent by e-mail.

There shall be no adjournments of motions on the oral argument calendar, even on consent, unless good cause is shown.

Stipulations requesting an oral argument date must indicate the following: 
1.    The motion(s) are fully briefed;
2.    All moving and responsive papers are filed; 
3.    The motion(s) are ready for oral argument.  
4.    Contact information for all participating parties. 
       a. Name; 
       b. Direct telephone number; and 
       c. Preferred e-mail address of the person who will be virtually appearing for argument.

This information is required to facilitate scheduling.  Please note, this direct telephone number should be to the location where you are remotely working.  In the event of technical difficulty, the court must be able to reach you. 

Please note, that if your stipulation fails to include this contact information, a conference cannot be timely scheduled. 

COMPROMISE APPLICATIONS:
1.    Applications for compromise orders must be filed electronically through NYSCEF or where the action does not participate in NYSCEF, by mail to the Motion Support Office, at 360 Adams Street, Room 227.  Applicants should notify the Principal Law Clerk at thaskin@nycourts.gov and the Assistant Law Clerk at kng@nycourts.gov once their applications have been filed.
2.    Defense counsel must be noticed on all applications and documents submitted to the court and must appear at the hearing unless their appearance was waived.  Where defendants waive their appearance at the compromise hearing, it must be in writing and provided to the court.  
3.    Upon submission of all required documents, a Hearing will be scheduled and conducted remotely by way of Microsoft Teams.  Counsel for plaintiffs must appear at the hearings with their clients.  Adjournments must be obtained through chambers.  
4.    Requests for interpreter services must be made before the date of scheduling.  
5.    Infant compromise petitions must comply with CPLR §1208.  The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances or defaults in appearances.  Further, the affirmation must include a detailed description of the accident and an adequate statement regarding liability.  The infant’s medical reports, a physician affirmation, a settlement letter and an affirmation of no liens are required with the submissions.  If any portion of the settlement is structured, the cost of the annuity must be stated in the order.  
6.    Any supplemental submissions must be appropriately filed.
7.    If a compromise order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final compromise order.
8.    Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Effective immediately

 

back to top