Hon. Peter P. Sweeney: IAS 73 Part Rules

Principal Law Clerk: Susan Liebman, Esq. (sliebma@nycourts.gov)
Secretary: Michelle Enriquez  (menrique@nycourts.gov)
Part Clerk: Lisa Scotti (lscotti@nycourts.gov)

360 Adams Street
Brooklyn, New York 11201
Courtroom Telephone No.: 347-401-9013
Chambers Telephone No.: 347-401-9520



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

ALL CONFERENCES AND MOTIONS SHALL BE CONDUCTED VIRTUALLY UNLESS OTHERWISE INDICATED. 

I.     GENERAL MOTION RULES: 

a.    Appearances: There shall be NO in-person appearances for the calendar, until further notice.

b.    Filing of Papers: 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, 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. 

c.    Calendaring of Motions: Upon receipt of a motion, the motion will be placed on the court’s motion calendar (“the motion calendar date”) but not necessarily on the return date specified in the Notice of Motion.  Part 73 motions shall be calendared every Monday. The parties will be advised of the motion calendar date by NYSCEF. 

d.    Adjournment Policy:  
i.    The parties may stipulate to an adjournment of a motion the first and second time the motion appears on the Part 73 motion calendar.  The stipulation shall be submitted via NYSCEF. 
ii.    The parties are encouraged to consent to first and second-time requests for adjournments.  
iii.    If a party refuses to consent to a first or second request for an adjournment, the party requesting the adjournment shall send an email to the court’s Principal Law Clerk, Susan Liebman, Esq., at the email address listed above, stating the reasons for the adjournment.  
iv.    Any party opposing the request may send an email to the court’s Principal Law Clerk stating the reasons why the motion should not be adjourned. All emails concerning applications for adjournments shall be sent to the attorneys for all parties.
v.    The court will either grant or deny the request for the adjournment based on the papers emailed to the court or schedule a conference via Skype for Business.  
vi.    The parties are advised that first and second-time requests for adjournments will be liberally granted and will be denied only for good cause shown. 
vii.    After a motion has been adjourned two or more times, there shall be no further adjournments unless good cause is shown.  Any party requesting and/or opposing a request for a further adjournment shall follow the same procedures for first and second-time adjournments. 
viii.    All emails concerning requests for adjournments must be received by the court at least three (3) business days before the motion calendar date.
ix.    The court will notify the parties by email before the calendar date whether the request for an adjournment has been granted or denied.  

e.    Submission Rules:
i.    Unless a motion is adjourned pursuant to these rules, all motions where opposition papers have been filed through NYSCEF will be deemed submitted regardless of whether a reply affirmation has been e-filed.  If the moving party wishes to submit reply papers, the motion must be adjourned pursuant to these rules. 
ii.    If a motion is unopposed the first time it appears on the motion calendar, the motion will be automatically adjourned to a new date. This will count as one adjournment. The court may grant any unopposed motion on default the second time it appears on the motion calendar.
iii.    Any party wishing to withdraw a motion must notify the court through NYSCEF one business day before the date it appears on the motion calendar. 
iv.    If the parties have resolved the motion pursuant to stipulation, a copy of the stipulation must be sent to the court through NYSCEF at least one business day before the motion appears on the motion calendar.  If the parties wish to have the stipulation so ordered, they must advise the court through NYSCEF at the time the stipulation is submitted. 
v.    In the event that your action does not participate in NYSCEF, copies of stipulations or letters shall be emailed to the part clerk at lscotti@nycourts.gov.  Please be advised that no other communication should be sent to the part clerk by way of e-mail. 

f.    Oral Argument: 
i.         If the court wishes to entertain oral argument on any motion, the court will send an invitation via Skype for Business to the parties scheduling a date and time for oral argument. 
ii.    A party may request oral argument of a motion by sending an email to the court’s Principal Law Clerk as well as to the attorneys for the other parties to the action.  The email shall include:
(a)    The name and index number of the case;b)    The motion calendar date; 
(c)    The name of the party requesting oral argument; 
(d)    The name, email address and telephone number of the attorney for that party who will be appearing for oral argument; and 
(e)    The names of the other parties to the case, as well as the names, email addresses and telephone numbers of the attorneys for those parties who will be appearing for oral argument.
iii.    All requests for oral argument must be received by the court at least three (3) business days before the motion calendar date.
iv.    If the court deems oral argument necessary, the parties will receive an invitation through Skype for Business setting a date and time for oral argument.  Oral argument shall be heard virtually until further notice.  
v.    The dates and times given by the court for oral argument are “final” unless extraordinary circumstances are demonstrated. 

II.    COMPROMISE APPLICATIONS: 
a.    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. 
b.    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. Upon submission of all required documents, a Hearing will be scheduled and conducted remotely by way of Skype for Business.  
c.    Counsel for plaintiffs must appear at the hearings with their clients.  
d.    Any requests for adjournments must be made to chambers staff. 
e.    Requests for interpreter services must be made prior to the date of scheduling.  
f.    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. 
g.    If any portion of the settlement is structured, the cost of the annuity must be stated in the order.  Any supplemental submissions must be appropriately filed. 
h.    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.
i.    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 25, 2020)

 

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