Hon. Lillian Wan: Part 17 Rules

IAS Part 17

Principal Law Clerk: Deborah Santelmo, Esq. (dsantelm@nycourts.gov)

Assistant Law Clerk: Michael V. McNichol, Esq. (mvmcnich@nycourts.gov)

Part Clerk: Ruth Sowell (rsowell@nycourts.gov)

360 Adams Street
Brooklyn, New York 11201
Chambers Room 967

Courtroom Telephone No.: (347) 296-1587

Chambers Telephone No.:  (347) 296-1615; (347) 296-1664


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**IN CONSIDERATION OF THE COVID-19 PANDEMIC, THE FOLLOWING RULES SHALL TAKE EFFECT UNTIL FURTHER NOTICE:
 
ALL CONFERENCES AND MOTIONS SHALL BE CONDUCTED VIRTUALLY UNLESS OTHERWISE INDICATED.
 
MOTIONS

Part 17 motions are heard every Wednesday.
 
There shall be NO in-person appearances 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.  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.  Motion papers should also include the email addresses of attorneys in addition to mailing addresses and telephone numbers.
 
On or before your motion date, the court must receive one of the following fully executed stipulations:
 
1.    A stipulation with an application for adjournment; 
 
2.    A stipulation resolving the motion; or
 
3.    A stipulation stating that the motion(s) is fully briefed and ready for
oral argument or submission.  The parties will be advised whether the 
Court will be hearing oral argument or will be deciding the motion on 
submission.
 
Stipulations shall be filed through NYSCEF and must include the related motion sequence number.  In the event that your action does not participate in NYSCEF, electronic copies of stipulations shall be emailed to both court attorneys, Deborah Santelmo (dsantelm@nycourts.gov) and Michael McNichol (mvmcnich@nycourts.gov).  If a stipulation is filed on NYSCEF, the parties should not e-mail a copy of the stipulation to the court attorneys unless directed to do so.  Please note also that the Court does not entertain litigation by email or letter.
 
 
Motion Oral Argument (MOA) Calendar:
Oral arguments are heard every Wednesday and shall be conducted virtually by Skype for Business, until further notice.
 
Upon receipt of a fully executed stipulation requesting oral argument, the motion may be adjourned to the Part 17 MOA calendar by separate order.  If a motion is calendared on the MOA calendar, a Skype invitation will be forwarded by email.
 
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 email address of the person who will be virtually appearing for argument.
 
This information is required to facilitate scheduling.  Please note that the direct telephone number should be to the location where you are remotely working.  The court must be able to reach you in the event of technical difficulty.
 
 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. 
 
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 Skype for Business.  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 June 18, 2020