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Civil Term - Part Rules, Part 13 - Courtroom 26


Justice Thomas D. Raffaele

88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Phone: (718) 298-1190
Courtroom Phone: (718) 298-1215
Facsimile: (212) 618-5077
Principal Law Clerk: Sally R. Maiolo, Esq.
Assistant Law Clerk: Annette M. Bevans, Esq.
Part Clerk: Cheryl Webb

Motions | Appearances | MotionPapers | Adjournments | Briefing Schedules | Status of Decisions | Jury Trials


Counsel is advised to read all of Part 13's Rules instead of calling Chambers.

 

Motions


Article 78 motions shall be made returnable and heard on Mondays at 2:15 p.m. in Courtroom 26. There will be no second calendar call.

All other motions, including Article 75 petitions, shall be made returnable and heard on Wednesdays at 10:00 a.m. in Courtroom 26. There will be a second calendar call at 10:30 a.m.

Failure to notice a motion in compliance with the designated day, time and location above may result in the motion being “Marked Off” calendar, without prejudice.

Oral Argument may be required in the discretion of the court.

The Court may administratively reschedule any application or motion noticed for a holiday or a day on which the part is closed. Information will be available on e-courts. Should the Part administratively reschedule, the movant will be responsible for notifying all parties of the administratively rescheduled date and providing proof of same to the Part on the rescheduled adjournment date.

In any case where a motion is “Marked Off” for non-compliance with the Part Rules such as improper notice, failure to appear in court as required by the Part Rules, or failure to provide a working copy of an e-filed motion, a new motion for the original relief sought may be filed in accordance with the Part Rules. A motion to Restore, Renew or Reargue is NOT required.

The parties shall notify the court immediately upon withdrawing any pending motion or application in the event a matter is settled or discontinued. Stipulations of Settlement or discontinuance shall immediately be sent via facsimile to chambers and filed with the court.


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Appearances


Any attorney appearing on a case for any purpose MUST be familiar with the case, prepared, and authorized to resolve any and all issues.

Appearances are mandatory for ALL motions and applications.
All motions and applications will be conferenced.

Discovery related motions are strongly discouraged. On any Discovery related motion or application, attorneys are encouraged to conference the issues among themselves with the expectation that the issues will be resolved by stipulation. All stipulations must indicate that the motion, and any cross-motion, is/are being withdrawn pursuant to the stipulation and must be signed by the attorneys appearing at the calendar call.

Any items of discovery not specifically identified as outstanding at the time of the stipulation resolving the motion are deemed waived.

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Motion Papers


All parties should familiarize themselves with the statewide E-Filing Rules: Uniform Rules for Trial Courts (22 NYCRR) §§202.5-b and 202.5-bb, available at www.nycourts.gov/efile. General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or via e-mail at efile@nycourts.gov.

In addition to the requirements set forth in 22 NYCRR §§202.5-b or 202.5-bb, a working copy must be submitted at the call of the calendar, together with all supporting documents, clearly marked ‘Working Copy’. Each working copy must include, firmly affixed to the back of the motion papers, a copy of the confirmation notice received from the NYSCEF site upon the electronic filing of such documents. All motion papers, including working copies, must contain page numbers and numbered paragraph; all exhibits are to be preceded by an exhibit tab which protrudes from the papers; and the submissions are to be securely fastened. Non-conforming papers may be rejected by the Court.

Failure to present the required working copy at the calendar call will result in the matter being marked off the calendar. A party that has opted out of participation in e-file will file documents in hard copy which will include, on a separate page firmly affixed thereto, the “NOTICE OF HARD COPY SUBMISSION– E-FILED CASE” form, which can be found on the NYSCEF site at https://iapps.courts.state.ny.uys

All motion papers MUST be made in compliance with 22 NYCRR 202.5, 202.7 and 202.8, concerning papers filed with the court. Do NOT send any courtesy copies of motion papers to Chambers before the return date of the motion.
All responsive papers must be submitted in person by counsel on the return date of the motion or application. The Part does not accept any responsive papers by mail or by fax.
Papers shall not be accepted prior to the call of the calendar with one exception only: stipulations withdrawing motions or applications. Such stipulations may be submitted on the morning of the return date in person or by service.

No Sur-Reply papers be considered without leave of the court.
No additional papers shall be accepted after a motion is marked “fully submitted” (without express permission of the court). No papers may be submitted directly to Chambers unless directed by the court.

All cross-motions shall be filed with the County Clerk’s office at least two (2) days prior to the return date of the motion along with payment of the appropriate fees. Answering papers shall be served pursuant to the CPLR and the original papers shall be brought to court on the return date of the motion.
Motions to renew and/or reargue shall contain a copy of the court’s original decision and copies of all papers submitted in support of the original motion.

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Adjournments


Do not call Part 13 or Chambers for adjournments as No Adjournments will be granted by telephone. Adjournments on consent will be allowed upon written stipulation. All stipulations must contain the signature of all attorneys consenting to the adjournment.

Stipulations requesting a consent adjournment or withdrawing a motion prior to the return date may be sent by facsimile to Chambers at (212) 618-5077 or emailed to the Part Clerk at cwebb@nycourts.gov.

Requests for an adjournment beyond ONE will be granted sparingly in the Court’s discretion.

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Briefing Schedules


On the return date of the initial motion, a briefing schedule will be issued with dates for responsive papers. This schedule shall be conveyed verbally or in writing to the attorneys and shall appear on the face of the motion papers. Failure to comply or serve responsive papers in accordance with the briefing schedule shall result in the rejection of those papers on the adjournment date.

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Status of Decisions


Copies of decisions on motions will ONLY be mailed to attorneys and/or pro se litigants, who provide a stamped, self-addressed envelope at the time of final submission of the motion. Otherwise, it is the responsibility of the respective attorneys and/or pro se litigants to obtain a copy of the court decision with the appropriate Clerk’s office. Decisions or orders can be retrieved on-line or at the County Clerk’s office located in the Jamaica courthouse, Room 106.

Calls regarding the status of a motion or application decision will be entertained only for decisions that have been pending for more than 60 days. In that case, the request MUST be in writing, contain the name of the matter, index number and date the motion was marked submitted.

Further inquiries should be directed to the Motion Support Office at 718-298-1009 or Ex-Parte Support Office 718-298-1018.

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Jury Trials


Counselors appearing for jury trials should have requested post-trial charges and corresponding verdict sheets prepared for submission, upon assignment to Part 13.

Moreover, in all actions, attorneys shall have authority to settle the matter or have an authorized representative from the party with such authority in the courtroom throughout the trial.

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